HomeMy WebLinkAbout2024-1152 - City v. Open International - 42 - Appellants 1st Motion Extend Time for Filing
No. 24-1152
In the
U NITED S TATES C OURT OF A PPEALS
for the
TENTH C IRCUIT
OPEN INTERNATIONAL, LLC AND OPEN INVESTMENTS, LLC,
Defendants-Appellants,
v.
CITY OF FORT COLLINS,
Plaintiff-Appellee.
Appeal from the United States District Court for the Dist. of Colorado
No. 2:21-cv-02063 - District Judge Charlotte N. Sweeney
1
PLAINTIFFS-APPELLANTS’ FIRST MOTION TO EXTEND TIME
FOR FILING
Laurie Webb Daniel
Webb Daniel Friedlander LLP
75 14th Street NE
Suite 2450
Atlanta, Georgia 30309
(404) 433-6430
Laurie.daniel@webbdaniel.law
Jeffrey Keith Sandman
Webb Daniel Friedlander LLP
5208 Magazine Street
Suite 364
New Orleans, Louisiana 70115
(978) 886-0639
Jeff.sandman@webbdaniel.law
Attorneys for Defendants-Appellants
Appellate Case: 24-1152 Document: 42 Date Filed: 09/23/2024 Page: 1
Now into Court, through the undersigned counsel, come Defendants-Appel-
lants Open Investments, LLC and Open International, LLC (“Appellants”), who
pursuant to Federal Rule of Appellate Procedure 27 and 10th Circuit Rule 27, re-
spectfully move for a 30-day extension of the deadline by which to file their open-
ing brief on appeal.
Appellants filed their notice of appeal on April 17, 2024, and then an
amended notice on August 22, 2024 to reflect the district court’s disposition of
post-trial motions. App. Dkt. 39. On August 27, 2024, “[o]n the court’s own mo-
tion and pursuant to 10th Cir. R. 33.1,” the Court reset Appellants’ opening brief
filing deadline for October 15, 2024. App. Dkt. 41.
Appellants aver that this case is so complex that an adequate brief cannot
reasonably be prepared by the October 15, 2024 due date. Specifically, in the court
below, this case involved challenges to a jury verdict, judicial fact-finding under
Federal Rule of Civil Procedure 52, and disposition of Appellants’ post-trial mo-
tions filed under Rules 50 and 59. Each issue is embedded within lengthy trial and
post-trial hearing transcripts. There also are both preservation and merits issues, as
both procedure and substance were hotly contested below. Most importantly, Ap-
pellants need additional time to winnow the issues such that this Court is presented
with only those points that are truly worthy of its time. While “shorter is better,” it
just takes more time to get there.
Appellate Case: 24-1152 Document: 42 Date Filed: 09/23/2024 Page: 2
This motion is Appellants’ first request for an extension. When Appellants
asked for Appellees’ position on this request, they were quickly told that Appellees
do not consent to this extension. Appellants, however, respectfully request the
Court to grant this motion anyway.
CONCLUSION
For the foregoing reasons, the Court should grant Appellants’ motion for a
30-day extension of time by which to file their opening brief.
Appellate Case: 24-1152 Document: 42 Date Filed: 09/23/2024 Page: 3
CERTIFICATE OF COMPLIANCE
1. This filing complies with the type-volume limitation of 10th Cir. R.
27.3(B)(3) because this brief contains 300 words, excluding the parts of a brief ex-
empted by the Federal Rules of Appellate Procedure.
2. This filing complies with the typeface and type style requirements of Fed-
eral Rule of Appellate Procedure 32(a) because it has been prepared in a propor-
tionally spaced typeface using Microsoft Word in 14-point Times New Roman.
DATE: September 23, 2024
Laurie Webb Daniel
Laurie Webb Daniel
Webb Daniel Friedlander LLP
75 14th Street N.E., Suite 2450
Atlanta, Georgia 30309
Laurie.daniel@webbdaniel.law
Appellate Case: 24-1152 Document: 42 Date Filed: 09/23/2024 Page: 4