HomeMy WebLinkAbout2021CA833 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Et Al - 007 - City's Motion For Extension Re Opening BriefColorado Court of Appeals
2 East 14th Avenue
Denver, CO 80203
County of Larimer
Case No. 2020CV30580, Division 4B
The Honorable Daniel McDonald
________________________________________
Plaintiff-Appellant:
THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation,
v.
Defendants--Appellees:
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO;
STREETMEDIAGROUP, LLC
Andrew D. Ringel, Esq. (#24762)
Hall & Evans, L.L.C.
1001 - 17th Street, Ste. 300
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
ringela@hallevans.com
John R. Duval, Esq. (#10185)
Deputy City Attorney
Claire Havelda, Esq. (#36831)
Assistant City Attorney
City Attorney’s Office
300 Laporte Avenue
P.O. Box 500
Fort Collins, Colorado 80522
▲COURT USE ONLY▲
______________________
Case Number:
2021CA833
______________________
DATE FILED: July 19, 2021 9:00 AM
FILING ID: 7F22AF1B439A8
CASE NUMBER: 2021CA833
2
970-221-6652
Fax: 970-221-6327
jduval@fcgov.com
chavelda@fcgov.com
Attorneys for Plaintiff-Appellant
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE OPENING BRIEF
Plaintiff-Appellant the City of Fort Collins, Colorado, by and through its
counsel, Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., and John R. Duval, Esq.,
Deputy City Attorney, and Claire Havelda, Esq., Assistant City Attorney, of the Fort
Collins City Attorney’s Office, hereby respectfully submits this Unopposed Motion
for Extension of Time to File Opening Brief, as follows:
1. On June 10, 2021, this Court issued its Notice of Filing of Record on
Appeal and Briefing Schedule setting a deadline of July 22, 2021, for Plaintiff-
Appellant to file its Opening Brief. Plaintiff-Appellant respectfully requests an
extension of 15 days until and including August 6, 2021, to file its Opening Brief in
this matter.
2. The undersigned counsel has the primary responsibility for research
and drafting the Opening Brief in this matter. In addition to that responsibility, the
undersigned counsel also has had and has the responsibility for the following
3
additional items: (1) an Opening Brief in Case No. 21-1125 before the United States
Court of Appeals for the Tenth Circuit in Jessica Peck v. Michelle Barnes and Beth
McCann, filed on July 14, 2021; (2) an Opening Brief in Case No. 21-1107 before
the United States Court of Appeals for the Tenth Circuit in Lawrence Montoya v.
City and County of Denver et. al., due on July 26, 2021; (3) a total of seven (7)
depositions and associated preparation meetings or preparation between June 15,
2021, and July 30, 2021; (4) a total of three (3) witness interviews conducted by
federal investigators between June 15, 2021, and July 30, 2021; (5) a total of ten (10)
witness interviews for various matters; (6) a Motion for Summary Judgment in Civil
Action No. 20-cv-1835-WJM-STV before the United States District Court for the
District of Colorado in Jennifer Scheffler v. St. Mary’s Hospital and Medical Center,
Inc. et. al., filed on June 18, 2021, and a Final Pretrial Order in the same case filed
on July 15, 2021; (7) three (3) all day mediations between June 15, 2021, and July
30, 2021; and (8) a variety of other daily tasks including active discovery and
motions practice occurring in a variety of different matters the undersigned counsel
is engaged in and is supervising. As a result of these other commitments, the
undersigned counsel requires an extension to complete the Opening Brief in this
matter.
4
3. Prior to filing this Motion, the undersigned counsel conferred with
counsel for the Defendants-Appellees, Frank Haug, Esq. and Todd Messenger, Esq.
Mr. Haug and Mr. Messenger indicated the Defendants-Appellees do not object to
the requested extension of time to file the Opening Brief.
4. Plaintiff-Appellant will not have any objection to any necessary
extension of time for the Answer Briefs of Defendants-Appellees.
WHEREFORE, Plaintiff-Appellant The City of Fort Collins, Colorado
respectfully requests this Court grant it an extension of time to file its Opening Brief
until and including August 6, 2021, and for all other an further relief as this Court
deems just and appropriate.
Dated this 19th day of July, 2021.
Respectfully submitted,
/s/ Andrew D. Ringel
Andrew D. Ringel, #24762
of HALL & EVANS, L.L.C.
ATTORNEYS FOR PLAINTIFF-
APPELLANT THE CITY OF FORT
COLLINS
5
CERTIFICATE OF E-FILING AND SERVICE
I hereby certify that on the 19th day of July, 2021, I E-Filed the foregoing
with the Clerk of the Court via Colorado E-Filing System and served a copy via
electronic service on the following individual via the following email addresses:
Jeannine S. Haag, Esq.
jeanninehaag@co.larimer.org
William G. Ressue, Esq.
wressue@co. larimer.org
Frank N. Haug, Esq.
haughfn@co.larimer.org
Todd G. Messenger, Esq.
tmessenger@fwlaw.com
Amanda C. Jokerst, Esq.
ajokerst@fwlaw.com
John R. Duval, Esq.
jduval@fcgov.com
Claire Havelda, Esq.
chavelda@fcgov.com
/s/ Nicole Marion