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HomeMy WebLinkAbout2023CV30276 - Higgins v. City of Fort Collins, et al. - 045 - City Unopp Mot Modification R 56 Deadline1 DISTRICT COURT, LARIMER COUNTY, COLORADO 201 Laporte Avenue, Ste. 100 Fort Collins, CO 80521-2761 ▲ COURT USE ONLY ▲ Plaintiff: CHRISTIAN HIGGINS v. Defendant: CITY OF FORT COLLINS, C&L WATER SOLUTIONS, INC., SUNBELT RENTALS, INC., KODIAK FIELD SERVICES, LLC, and BCH SERVICES, LLC Attorney for Defendant City of Fort Collins RESNICK & LOUIS, P.C. Clayton D. Manceaux, Esq. SB#30696 7900 East Union Ave., Suite 1100 Denver, Colorado 80237 Telephone and Facsimile: 303-872-5467 Email: cmanceaux@rlattorneys.com Case No.: 2023CV30276 Div./Ctrm: 4C UNOPPOSED MOTION FOR MODIFICATION OF DISPOSITIVE/C.R.C.P. 56 MOTION DEADLINE Defendant City of Fort Collins (the “City”), by and through its undersigned counsel, Resnick & Louis, P.C., hereby submits the following Unopposed Motion for Modification of Dispositive/C.R.C.P. 56 Motion Deadline, requesting the Court extend the deadline for the submission of dispositive/C.R.C.P. 56 motions by 7 days through April 22, 2024 and shorten the related deadline for submission of any related replies from 14 to 7 days, and in support thereof states as follows: CERTIFICATION PURSUANT TO C.R.C.P. 121 § 1-15 The undersigned conferred with counsel for all parties to this matter and the Motion is unopposed. Defendant Kodiak Field Services, LLC, joins in the requested relief. This certification is made pursuant to C.R.C.P. 121 § 1-15(8). DATE FILED: April 15, 2024 4:31 PM FILING ID: 324574C5F1D52 CASE NUMBER: 2023CV30276 2 MOTION 1. Trial in this matter is currently set for July 15, 2024, and relates to an October 8, 2021, bicycle incident involving a hose transporting water or waste across Welch Street in Fort Collins, Colorado. Plaintiff’s claim involves various disputes regarding party responsibility for any improper actions or failures to act and the ability of parties to pursue certain claims in this matter. 2. The parties are in the process of completing the exchange of C.R.C.P. 26(a)(2) expert disclosures, completed Plaintiff’s deposition, and exchanged several rounds of written discovery. 3. Pursuant to the Supplemental Case Management Order with Jury Trial Orders dated September 22, 2023, April 15, 2024, is the deadline for party submission of dispositive motions. 4. A short extension of the deadline for the submission of dispositive/C.R.C.P. 56 motions would allow the parties to better review the need for any such motions. 5. This Motion requests the April 15, 2024, deadline for filing of the motions be extended seven days through April 22, 2024, and the deadline for submission of any related replies be reduced from 14 to 7 days. With the granting of the requested initial extension and limitation or reduction in time to file any necessary replies, briefing of any dispositive motions would still be completed in advance of the trial date consistent with the deadlines contemplated by C.R.C.P. 16(c), C.R.C.P. 56(c), C.R.C.P. 121 § 1-15(1), and the Supplemental Case Management Order with Jury Trial Orders dated September 22, 2023. 3 6. This Court has the discretion to extend deadlines and provide the requested relief. C.R.C.P. 6(b)(1). Good cause exists for the requested modification of motion briefing deadlines due to the nature of the disputes involved in this action, the damages at issue in this litigation, and in the interests of economy. 7. No party shall be prejudiced by the relief sought herein based upon the current trial dates as seen by the absence of opposition from any other party. WHEREFORE, Defendant City of Fort Collins requests the Court extend the current April 15, 2024 deadline for the submission of dispositive/C.R.C.P. 56 motions by 7 days through April 22, 2024 and shorten the related deadline for submission of any related replies from 14 to 7 days, and for such other and further relief this Court deems just and proper. DATED this 15th day of April, 2024. Respectfully submitted, RESNICK & LOUIS, P.C. /s/ Clayton D. Manceaux Clayton D. Manceaux, Esq. Attorney for City of Fort Collins CERTIFICATE OF SERVICE I hereby certify that on this 15th day of April, 2024 a true and correct copy of the foregoing was filed and/or served via the Colorado Courts E-Filing System to all counsel of record. /s/ Clayton D. Manceaux **In accordance with COLO. R. CIV. P. 121 § 1-26(7), a printed copy of this DOCUMENT with original signatures is being maintained by the filing party and will be available for inspection by other parties or the Court upon request.