HomeMy WebLinkAbout2024-1152 - City v. Open International - 58 - Appellant's Motion to Extend Deadline
No. 24-1152
In the
UNITED S TATES COURT OF APPEALS
for the
TENTH CIRCUIT
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. 1:21-cv-02063 - District Judge Charlotte N. Sweeney
DEFENDANTS-APPELLANTS’ UNOPPOSED MOTION TO
EXTEND TIME FOR FILING REPLY BRIEF
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: 58 Date Filed: 01/23/2025 Page: 1
1
Pursuant to Federal Rule of Appellate Procedure 27 and 10th Cir. Rule 27,
Defendants-Appellants Open International, LLC and Open Investments, LLC
(“Appellants”), through undersigned counsel, respectfully move for a 14-day
extension in which to file its reply brief in this appeal. In support thereof,
Appellants state as follows:
Appellants filed their opening brief on November 14, 2024. App. Dkt. 46.
After receiving an unopposed 30-day extension, Plaintiff-Appellee the City of Fort
Collins filed its response brief on January 15, 2025. App. Dkt. 56. Appellants’
reply brief is currently due 21 days later, on February 5, 2025. App. Dkt. 57.
Due to conflicting deadlines faced by the undersigned appellate counsel, and
in order to adequately address the issues raised in the Appellee’s response brief,
Appellants request additional time in which to file their reply. This is Appellants’
first request for an extension of time to file their reply brief, and it is being sought
in good faith. Appellee does not oppose the relief requested herein.
For the foregoing reasons, Appellants respectfully request that the Court
grant them a 14-day extension of time in which to file their reply brief, making the
reply brief due on February 19, 2025.
Appellate Case: 24-1152 Document: 58 Date Filed: 01/23/2025 Page: 2
2
Dated: January 23, 2025 Respectfully submitted,
/s/ Laurie Webb Daniel
Laurie Webb Daniel
Webb Daniel Friedlander LLP
75 14th Street NE
Suite 2450
Atlanta, Georgia 30309
T: (404) 433-6430
Laurie.Daniel@webbdaniel.law
Jeffrey Keith Sandman
Webb Daniel Friedlander LLP
5208 Magazine Street
Suite 364
New Orleans, Louisiana 70115
T: (978) 886-0639
Jeff.sandman@webbdaniel.law
Attorneys for Defendants-Appellants
Appellate Case: 24-1152 Document: 58 Date Filed: 01/23/2025 Page: 3
3
CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT AND
TYPEFACE AND TYPE-STYLE REQUIREMENTS
1. This document complies with the type-volume limitation of 10th Cir. R.
27.3(B)(3) because this document contains 196 words, excluding the parts of
a brief exempted by the Federal Rules of Appellate Procedure.
2. This document complies with the typeface and type style requirements of
Fed. R. App. P. 32 because it has been prepared in a proportionally spaced
typeface using Microsoft Word in 14-point Times New Roman font.
Dated: January 23, 2025
/s/ Laurie Webb Daniel
Laurie Webb Daniel
Webb Daniel Friedlander LLP
75 14th Street NE
Suite 2450
Atlanta, Georgia 30309
T: (404) 433-6430
Laurie.Daniel@webbdaniel.law
Attorney for Defendants-Appellants
Appellate Case: 24-1152 Document: 58 Date Filed: 01/23/2025 Page: 4
4
CERTIFICATE OF SERVICE
I hereby certify that on January 23, 2025, I electronically filed the foregoing
with the Clerk of the United States Court of Appeals for the Tenth Circuit using the
Court’s appellate CM/ECF system.
I further certify that all parties are represented by counsel of record who are
registered CM/ECF users and who will be served by the Court’s CM/ECF system.
/s/ Laurie Webb Daniel
Laurie Webb Daniel
Appellate Case: 24-1152 Document: 58 Date Filed: 01/23/2025 Page: 5