HomeMy WebLinkAbout2017CV30903 - Ilse Westphal V. City Of Fort Collins, Et Al - 011 - City Of Fort Collins Motion For Extension Of Time To Answer ComplaintDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
Phone: 970-498-6100
______________________________________________
Plaintiff: ILSE G. WESTPHAL
v.
Defendants: ANTHONY JOHN JANSA; JANSA
TRUCKING, LLC, a Colorado Limited Liability
Company; JANSA TRUCKING, LLC, a North Dakota
Limited Liability Company; THE CITY OF FORT
COLLINS, a Colorado municipal corporation
______________________________________________
Attorneys for Defendant City of Fort Collins
Peter C. Middleton, Esq., #32335
of HALL & EVANS, L.L.C.
1001 17th
St., Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
middletonp@hallevans.com
COURT USE ONLY
__________________________
Case No. 2017-CV-030903
Div. 3C
DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR
EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO
PLAINTIFF’S COMPLAINT AND JURY DEMAND
Defendant City of Fort Collins, by and through its counsel, HALL & EVANS, LLC.,
submits the following unopposed Motion for Extension of Time to Answer or Otherwise Respond
to Plaintiff’s Complaint and Jury Demand:
CERTIFICATION – C.R.C.P. 121
Counsel for Defendant Peter Middleton contacted and talked with counsel for Plaintiff
David Herrera regarding this motion. Plaintiff does not object to the relief requested herein.
DATE FILED: November 16, 2017 3:21 PM
FILING ID: 85C47A1F4A343
CASE NUMBER: 2017CV30903
2
1. On October 25, 2017, Plaintiff filed her Civil Complaint and Jury Demand
(“Complaint”) against Defendants, alleging, among other things, violation of Colorado’s Premises
Liability Act, C.R.S. § 13-21-115.
2. Defendant was served October 26, 2017. Defendant’s current deadline to answer
is November 16, 2017.
3. With the Thanksgiving holiday approaching and the press of other business,
Defendant requests an extension of time, until November 30, 2017, to answer or otherwise respond
to the current Complaint. Defendant anticipates filing a motion to dismiss on the basis of
governmental immunity and C.R.C.P. 12(b)(1). The two-week extension will not prejudice the
parties and will not unnecessarily delay the case. Therefore, there is good cause for the extension.
WHEREFORE, Defendant respectfully requests this Court allow Defendant until
November 30, 2017 in which to file an answer or otherwise respond (e.g. filing a motion to dismiss)
to Plaintiff’s Complaint, and for any other relief the Court deems just and appropriate.
Dated: November 16, 2017
HALL & EVANS, LLC
/s/ Peter C. Middleton
Peter C. Middleton, Esq., #32335
of HALL & EVANS, L.L.C.
ATTORNEYS FOR DEFENDANT
CITY OF FORT COLLINS
3
CERTIFICATE OF SERVICE
I hereby certify that on this 16th
day of November 2017, I electronically filed and served
the foregoing DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR
EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF’S
COMPLAINT AND JURY DEMAND via the Colorado Courts E-Filing system upon the
following:
David M. Herrera, Esq.
HERMS & HERRERA, L.L.C.
3600 South College Avenue, Suite 204
Fort Collins, CO 80525
david@hhlawoffice.com
Original Signature on File
/s/Julie Eaglesham
Julie Eaglesham