HomeMy WebLinkAbout2023CV30276 - Higgins v. City of Fort Collins, et al. - 046 - Order re R 56 DeadlinePage1 of1
COURT,DISTRICT COUNTY, COLORADOLARIMER (FT COLLINS)
Court Address:
201 LAPORTE AVENUE, SUITE 100, FORT COLLINS, CO, 80521
Plaintiff(s)CHRISTIAN HIGGINS
v.
Defendant(s)CITY OF FORT COLLINS et al.
COURT USE ONLY
Case Number:2023CV30276
Division:4C Courtroom:
Order: UNOPPOSED MOTION FOR MODIFICATION OF DISPOSITIVE/C.R.C.P. 56 MOTION DEADLINE
The motion/proposed order attached hereto: GRANTED.
Issue Date:4/16/2024
LAURIE KAZUE DEAN
District Court Judge
DATE FILED: April 16, 2024 8:40 AM
CASE NUMBER: 2023CV30276
1
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).
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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.
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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.
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