The URL can be used to link to this page

Home My WebLink About2021-1284 - Surat V. Klamser, Et Al - 021 - Motion Extension Reply Brief 1 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT MICHAELA LYNN SURAT, Plaintiff-Appellee/Appellee, v. RANDALL KLAMSER, in his individual capacity, Defendant-Appellant/Appellant, and CITY OF FORT COLLINS, COLORADO, a municipality, Defendant Case No. 21-1284 On appeal from the United States District Court for the District of Colorado, Civil Action No. 19-CV-00901, The Honorable William J. Martinez DEFENDANT-APPELLANT RANDALL KLAMSER’S UNOPPOSED MOTION FOR 31-DAY EXTENSION OF TIME TO FILE REPLY BRIEF Defendant-Appellant Randall Klamser, in his individual capacity, (“Defendant-Appellant”), through counsel, Andrew D. Ringel and Mark S. Ratner of Hall & Evans, L.L.C., and pursuant to 10th Cir. R. 27.6, hereby respectfully submit this Unopposed Motion for 31-Day Extension of Time to File Reply Brief, stating in support as follows: Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 1 2 Conferral: Pursuant to 10th Cir. R. 27.1, undersigned counsel conferred with counsel for Plaintiff-Appellee Michaela Lynn Surat. Counsel for Plaintiff-Appellee does not oppose the relief requested in this Motion. DISCUSSION 1. In accordance with 10th Cir. R. 27.6(B), this Motion is being filed at least three days before the due date of Defendant-Appellant’s Reply Brief. 2. Defendant-Appellant’s Reply Brief is presently due on March 18, 2022. Defendant-Appellant respectfully requests an extension of time of thirty-one (31) days, until and including April 18, 2022, to file their Reply Brief with this Court. Defendant-Appellant is asking for 31-days, as 30 days would require the filing of a brief on a Sunday. 3. Undersigned counsel for Defendant-Appellant, who has been tasked with the principal responsibility to draft the Reply Brief, requires additional time to complete the Reply Brief in this matter due to the extraordinary press of business respecting the following other commitments: a. Mr. Ringel is Trial Counsel in the Epps v. City and County of Denver matter, currently pending before the Honorable R. Brooke Jackson, in the United States District Court, District of Colorado, under case number 20-CV-1878-RBJ. Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 2 3 The Epps matter is proceeding to a three-week jury trial, beginning on March 9, 2022. b. Mr. Ringel is also actively involved in the discovery process in several state and federal cases, and faces several additional deadlines throughout March and the first few weeks of April. c. While engaged in trial, it will not be possible to dedicate the time necessary to draft Appellant’s Reply Brief. 4. In addition, co-counsel for Defendant-Appellants, Mark S. Ratner, is neither able to prepare the Reply Brief for timely filing nor able to relieve Mr. Ringel of the other litigation set forth above, for the reason that Mr. Ratner has likewise been laboring under the extraordinary press of business respecting the following separate set of commitments, including assisting with the upcoming Epps matter and other active involvement in the discovery process in several state and federal cases. Mr. Ratner also faces several additional deadlines throughout March and into the first few weeks of April. 5. This is the first extension of time sought by Defendant-Appellant to file their Reply Brief. 6. Plaintiff-Appellee sought and was granted two separate extensions of time to file her Response Brief totaling 60 days. Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 3 4 7. This request is not for the purpose of delay, no party will be prejudiced by an extension especially because the Court already granted Plaintiff-Appellee multiple extensions identical to that which Defendant-Appellant seeks in this Motion. 8. Undersigned counsel also certifies he will serve Mr. Klamswer and Mr. Duval, with a copy of this Motion. 9. Good cause therefore exists to grant this Motion in its entirety pursuant to Fed. R. App. P. 26(b). CONCLUSION In conclusion, for the foregoing reasons, Defendant-Appellant Randall Klamser, respectfully requests this Court permit a 31-day extension of the deadline for him to file his Reply Brief, until and including April 18, 2022, commensurate with the extensions granted to Plaintiff-Appellee, and grant all other and further relief this Court deems just and appropriate. CERTIFICATION OF COMPLIANCE WITH RULE 27(d) 1. This motion complies with the type-volume limitation of Fed. R. App. P. 27(d)(2) because: Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 4 5 X this motion contains 487 words. I relied on my computer word processor software (MS Office 365 Pro Plus) to obtain the word count. 2. This motion complies with the typeface and type style requirements of Fed. R. App. P. 27(d)(1)(E) because: X this brief has been prepared in a monospaced typeface using Times New Roman, 14-point font. CERTIFICATE OF PRIVACY REDACTIONS The undersigned hereby certifies this Opening Brief contains all required privacy redactions pursuant to 10th Cir. R. 25.5 (there are none). CERTIFICATE OF HARD COPY SUBMISSION The undersigned hereby certifies the hard copies of this Opening Brief submitted to the Court are exact copies of the version submitted electronically. CERTIFICATION OF DIGITAL SUBMISSION The undersigned hereby certifies that this document is submitted in Digital PDF and has been scanned for viruses with Sophos End Point Security (updated daily), and is free of viruses. Dated this 4th day of March, 2022. Respectfully submitted, Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 5 6 s/ Andrew D. Ringel Andrew D. Ringel, Esq. Mark S. Ratner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300, Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ringela@hallevans.com ratnerm@hallevans.com s/ John R. Duval John R. Duval, Esq. Deputy City Attorney City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 (970) 221-6520 jduval@fcgov.com ATTORNEYS FOR DEFENDANT- APPELLANT RANDALL KLAMSER Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 6 7 CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 4th day of March 2022, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David A. Lane, Esq. dlane@kln-law.com Andrew McNulty, Esq. amcnulty@kln-law.com s/ Sarah M. Stefanick . Sarah M. Stefanick Hall & Evans, L.L.C. Appellate Case: 21-1284 Document: 010110652901 Date Filed: 03/04/2022 Page: 7