HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 024 - Unopposed Motion For Extension Of Time To Respond To Motion To DismissIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-WJM-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
MOTION TO DISMISS
Plaintiff, by and through her attorneys David Lane and Tania Valdez, of KILLMER, LANE
& NEWMAN, LLP, respectfully submits this Unopposed Motion for Extension of Time to
Respond to Motion to Dismiss [Doc. 22] as follows:
CERTIFICATION PURSUANT TO D.C.COLO.LCivR 7.1
Plaintiffs’ counsel, Tania Valdez, certifies that she conferred with Mark Ratner, counsel
for the Defendants, who indicates that they do not object to the relief sought herein.
CERTIFICATION PURSUANT TO D.C.COLO.LCivR 6.1(c)
Plaintiffs’ counsel, Tania Valdez, certifies that she served a copy of this Motion on her
client contemporaneously with the filing of this motion.
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PROCEDURAL BACKGROUND AND REQUEST FOR RELIEF
1. Plaintiff filed her Complaint and Jury Demand [Doc. 1] on March 26, 2019.
2. Defendants filed their Motion to Dismiss [Doc. 22] on June 7, 2019. Thus,
Plaintiff’s response is currently due on June 28, 2019.
3. Plaintiff’s counsel are diligently working on the response but require additional
time.
4. Mr. Lane, lead counsel, is heavily involved in motions hearings and in preparing
the defense of a court-appointed death penalty case in Pueblo County District Court Case No.
2018CR1538, People v. Miguel Contreras-Perez. Additionally, Mr. Lane is out of the state
teaching a course in California from June 27-July 1, 2019.
5. Mr. Lane and Ms. Valdez have been scheduled for numerous depositions in Estate
of Briones, et al. v. Adams County, et al., No. 18-cv-00865-PAB-MEH, and Castille v. City and
County of Denver et al., No. 17-cv-00912-RM-SKC, during the month of June 2019.
Additionally, Mr. Lane and Ms. Valdez recently filed an appellate brief on a criminal case in
state court, People of the State of Colorado v. Surat, No. 18CV31155, on June 24, 2019.
6. For the foregoing reasons, Plaintiff hereby respectfully seeks a brief extension of
the response deadline, up to and including July 3, 2019, to file her Response to Defendants’
Motion to Dismiss [Doc. 22].
7. No party will be prejudiced by the relief sought herein.
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CONCLUSION
WHEREFORE, Plaintiff respectfully requests that the Court grant her an extension of
time up to and including July 3, 2019, to file her response, and for any other relief deemed just
and proper.
Respectfully submitted this 27th day of June 2019.
KILLMER, LANE & NEWMAN, LLP
/s/ Tania Valdez
David A. Lane
Tania N. Valdez
1543 Champa Street, Suite 400
Denver, Colorado 80202
(303) 571-1000
dlane@kln-law.com
tvaldez@kln-law.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify that on this 27th
day of June 2019 I filed a true and correct copy of the foregoing
via CM/ECF which will generate e-mailed notice to the following:
Mark Ratner
Christina Gunn
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
303-628-3492
ratnerm@hallevans.com
gunnc@hallevans.com
303-628-3492
Counsel for Defendants
s/ Jamie Akard
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