HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 084 - City Defendants Unopposed Motion For Extension Of TimeIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff
v.
TODD HOPKINS, BRANDON BARNES, JOHN
HUTTO and FORT COLLINS POLICE DEPARTMENT
Defendants.
DEFENDANTS BRANDON BARNES, JOHN HUTTO AND FORT COLLINS POLICE
DEPARTMENT’S UNOPPOSED MOTION FOR EXTENSION OF TIME
Defendants, Brandon Barnes, John Hutto, and the City of Fort Collins, sued as the “Fort
Collins Police Department,” through their Attorneys, Mark S. Ratner, Esq., and Hall & Evans,
L.L.C., hereby submit the following as their Unopposed Motion for Extension of Time:
Certificate of Conferral
Undersigned Counsel conferred with Counsel for the Plaintiff in person. Counsel for the
Plaintiff indicated no objection to the requested relief.
Additionally, this is the first request for an extension of time filed by these Defendants.
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I. INTRODUCTION AND ARGUMENT
According to the allegations of his Amended Complaint, Plaintiff Slatton contends the
Defendnats used excessive force and unlawfully seized him, violation of his Fourth Amendment
rights.
On November 22, 2019, the Plaintiff filed his Third Amended Complaint (ECF No. 81)
(“Complaint”). A response to the Complaint is due on February 13, 2019.
On February 12, 2019, Counsel for the Plaintiff indicated a desire to amend the
Complaint to add a claim pursuant to the 14th
Amendment to the United States Constitution.
Although that particular issue is being discussed among Counsel, it was agreed that any response
deadline to the pending Complaint should be extended in order to allow time for (1) the filing of
a motion for leave to amend, and; (2) the filing of a response to the amended complaint, should
the motion be granted.
These Defendants are requesting an extension of time to file a response after
determination of Plaintiff’s request to amend the Complaint. An extension of time would ensure
these Defendants are responding to the operative Complaint, and therefore avoiding duplicative
efforts.
II. CONCLUSION
WHEREFORE, Defendants Brandon Barnes and the City of Fort Collins request the
Court grant their Motion, and extend the time for the filing of a response to the operative
Complaint, after determination of Plaintiff’s request for leave to amend.
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DATED this 13th
day of December 2019.
Respectfully Submitted,
s/ Mark S. Ratner
Mark S. Ratner, Esq.
of HALL & EVANS, L.L.C.
1001 17th
Street, Suite 300
Denver, Colorado 80202
Phone: (303) 628-3300
Fax: (303) 628-3368
ratnerm@hallevans.com
ATTORNEY FOR DEFENDANTS
BRANDON BARNES, JOHN HUTTO,
AND THE CITY OF FORT COLLINS
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on this 13th day of December, 2019, a true and correct copy
of the foregoing DEFENDANTS BRANDON BARNES, JOHN HUTTO AND FORT
COLLINS POLICE DEPARTMENT’S UNOPPOSED MOTION TO DISMISS
PLAINTIFF’S THIRD AMENDMENT COMPLAINT (ECF No. 81) was served
on the following as noted:
David A. Lane ( ) First Class Mail
1543 Champa Street, Suite 400 ( ) Hand Delivery
Denver, CO 80202 ( ) Facsimile
dlane@kln-law.com ( ) Overnight Delivery
Attorney for Plaintiff ( ) LexisNexis File & Serve
(X) CM/ECF
( ) E-Mail
Helen S. Oh ( ) First Class Mail
1543 Champa Street, Suite 400 ( ) Hand Deliver
Denver, CO 80202 ( ) Facsimile
hoh@kln-law.com ( ) Overnight Delivery
Attorney for Plaintiff ( ) LexisNexis File & Serve
(X) CM/ECF
( ) E-Mail
Defendants
The City of Fort Collins ( ) First Class Mail
c/o John Duvall ( ) Hand Delivery
judvall@fcgov.com ( ) Facsimile
( ) Overnight Delivery
( ) LexisNexis File & Serve
( ) CM/ECF
(X) E-Mail
Brandon Barnes ( ) First Class Mail
c/o John Duvall ( ) Hand Delivery
juduvall@fcgov.com ( ) Facsimile
( ) Overnight Delivery
( ) LexisNexis File & Serve
( ) CM/ECF
(X) E-Mail
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John Hutto ( ) First Class Mail
c/o John Duvall ( ) Hand Delivery
juduvall@fcgov.com ( ) Facsimile
( ) Overnight Delivery
( ) LexisNexis File & Serve
( ) CM/ECF
(X) E-Mail
s/ Annah Hillary, Legal Assistant to
Mark S. Ratner, Esq. of
Hall & Evans, LLC
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