HomeMy WebLinkAbout2023CV30130 - City Of Fort Collins V. Directional Plus, Et Al. - 018 - Mastec Motion For Leave To Amend Answer And File CrossclaimDISTRICT COURT, LARIMER COUNTY, COLORADO
Address: 201 LaPorte Ave., Ste. 100
Fort Collins, CO 80521
Plaintiff: CITY OF FORT COLLINS
v.
Defendants: DIRECTIONAL PLUS, LLC, and MASTEC
NORTH AMERICA, INC.
Attorneys for Mastec North America, Inc.:
Ivan A. Sarkissian, #28817
Joseph F. Nistico, III, #49909
McConaughy & Sarkissian, P.C.
4725 S. Monaco Street, Suite 200
Denver, CO 80237
Telephone: (303) 649-0999
Facsimile: (303) 649-0990
isarkissian@mslawpc.com
tnistico@mslawpc.com
▲COURT USE ONLY▲
Case Number: 2023CV30130
Division: 3B
DEFENDANT MASTEC NORTH AMERICA, INC.’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE CROSSCLAIM AGAINST DEFENDANT
DIRECTIONAL PLUS, LLC
Defendant, MasTec North America, Inc. (“MasTec”), by and through its attorneys,
McConaughy & Sarkissian, Professional Corporation, respectfully submits this Unopposed Motion
for Extension of Time to File Crossclaim Against Defendant Directional Plus, LLC and states as
follows:
1. Certificate of Conferral: In accordance with C.R.C.P. 121 § 1-15(8), undersigned
counsel has conferred with counsel for Plaintiff and Defendant Directional Plus, LLC (“Directional
Plus”), who do not oppose the relief requested herein.
DATE FILED: August 25, 2023 3:54 PM
FILING ID: 76AC065BFF3F1
CASE NUMBER: 2023CV30130
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2. Where, as here, a motion to extend a deadline is brought “before the expiration of
the period originally prescribed[,]” the Court may extend the deadline “for cause shown.”
C.R.C.P. 6(b)(1).
3. Pursuant to the Court’s order dated August 20, 2023, the deadline for MasTec to
file an Amended Answer and Crossclaim Complaint is August 25, 2023.
4. MasTec seeks this extension due to the press of business, including complying
with pre-trial deadlines for two upcoming jury trials, and to allow adequate time to prepare
MasTec’s Amended Answer and Crossclaim Complaint.
5. The requested extension is not intended to delay these proceedings and will not
prejudice the parties, as neither Plaintiff nor Directional Plus object to the proposed extension.
WHEREFORE, Defendant MasTec North America, Inc. respectfully requests that the Court
grant this Unopposed Motion and extend the deadline for MasTec to file an Amended Answer and
Crossclaim Complaint through August 29, 2023.
Dated this 25th day of August, 2023.
Respectfully submitted,
McCONAUGHY & SARKISSIAN
Professional Corporation
SIGNATURE ON FILE WITH MCCONAUGHY & SARKISSIAN, P.C.
By: /s/ Joseph F. Nistico, III
Ivan A. Sarkissian, #28817
Joseph F. Nistico, III, #49909
Attorneys for Mastec North America, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of August, 2023, a true and correct copy of DEFENDANT
MASTEC NORTH AMERICA, INC.’S UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE CROSSCLAIM AGAINST DEFENDANT DIRECTIONAL PLUS, LLC
was filed with the Court and served via CCEF and addressed to all active counsel of record on
CCEF’s service list.
/s/ Kelly Spicer
SIGNATURE ON FILE WITH MCCONAUGHY & SARKISSIAN, P.C.