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HomeMy WebLinkAbout2017CV493 - Howard V. City Of Fort Collins, Et Al - 021 - Unopposed Motion For A 14 Day Extension Of Time To File Motion To Dismiss CaseIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:17-cv-00493-RPM EUGENE HOWARD, Plaintiff, v. CITY OF FORT COLLINS, and KATHLEEN WALKER, Defendants. UNOPPOSED MOTION FOR A 14-DAY EXTENSION OF TIME TO FILE MOTION TO DISMISS CASE Plaintiff, Eugene Howard, by and through his attorney, MARK S. BOVE of the law firm MARK S. BOVE, P.C. and Defendants, City of Fort Collins and Kathleen Walker, by and through its and her attorneys, CATHY HAVENER GREER, and KATHERINE M.L. PRATT of WELLS, ANDERSON & RACE, LLC, and JENNY LOPEZ FILKINS, SENIOR ASSISTANT CITY ATTORNEY, CITY OF FORT COLLINS, and hereby submit this Unopposed Motion for a 14-day Extension of Time to File Motion to Dismiss case, as follows: 1) Settlement negotiations were held between the parties and United States District Court Magistrate Judge Michael Hegarty on October 19, 2017, and a settlement was reached. 2) The Court’s Minute Entry for Settlement (CM/ECF Docket #20) directed the parties to file a motion to dismiss the case on or before November 15, 2017. Case 1:17-cv-00493-RPM Document 21 Filed 11/13/17 USDC Colorado Page 1 of 3 2 3) The parties need an additional fourteen days within which to complete the paperwork to dismiss Defendant Kathleen Walker and then to dismiss the remaining claims. 4) No previous extensions of time to file the dismissal paperwork has been requested. 5) The parties’ clients are being served copies of this Motion. WHEREFORE, the parties respectfully request an extension of time to and including November 29, 2017 for filing of the Motion to Dismiss this case, and for such other and further relief as the Court deems proper. Respectfully submitted this 13th day of November, 2017. MARK S. BOVE, P.C. S/ Mark S. Bove Mark S. Bove 730 17th Street, Suite 365 Denver, CO 80202 T: 303-393-6666 Email: msbove@aol.com ATTORNEY FOR PLAINTIFF WELLS, ANDERSON & RACE, LLC S/ Cathy Havener Greer Cathy Havener Greer Katherine M.L. Pratt 1700 Broadway, Suite 1020 Denver, CO 80290 T: 303-830-1212 Email: cgreer@warllc.com Email: kpratt@warllc.com S/ Jenny L. Lopez Filkins Jenny L. Lopez Filkins City Attorney's Office-Fort Collins P.O. Box 580 Fort Collins, CO 80522 T: 970-416-2284 Email: jlopezfilkins@fcgov.com ATTORNEYS DEFENDANTS Case 1:17-cv-00493-RPM Document 21 Filed 11/13/17 USDC Colorado Page 2 of 3 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 13, 2017, a true and correct copy of the above and foregoing UNOPPOSED MOTION FOR A 14-DAY EXTENSION OF TIME TO FILE MOTION TO DISMISS CASE was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email addresses: Mark S. Bove, Esq. Mark S. Bove, P.C. 730 17th Street, Suite 365 Denver, CO 80202 Email: msbove@aol.com ATTORNEY FOR PLAINTIFF and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non- participants name: Via Electronic Mail City of Fort Collins Kathleen Walker S/ Barbara McCall Barbara McCall Email: bmccall@warllc.com Case 1:17-cv-00493-RPM Document 21 Filed 11/13/17 USDC Colorado Page 3 of 3