HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 085 - Hopkins Unopposed Motion For Extension Of TimeIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-CV-03112-RBJ-STV
SEAN SLATTON,
Plaintiff,
v.
TODD HOPKINS,
BRANDON BARNES,
JOHN HUTTO,
AND FORT COLLINS POLICE DEPARTMENT
Defendants.
UNOPPOSED MOTION FOR EXTENSION OF TIME BY TODD HOPKINS TO
SUBMIT A RESPONSIVE PLEADING TO
PLAINTIFF’S THIRD AMENDED COMPLAINT
Defendant, Todd Hopkins, by and through his attorneys at Nathan Dumm & Mayer P.C.,
hereby submits his Unopposed Motion to Submit a Responsive Pleading to Plaintiff’s Third
Amended Complaint and in support states as follows:
1. Defense counsel conferred with counsel for the Plaintiff, who does not oppose the
relief sought in this Motion.
2. As some brief background, Plaintiff previously filed a Motion for leave to Amend
the Second Amended Complaint. [ECF 76]. That Motion was granted on or about November
22, 2019 and a responsive pleading deadline of December 13, 2019 set by the Court. [ECF 80].
Thereafter, in accordance with the Court’s revised Practice Standards, conferral as to Motions to
Dismiss were undertaken and a letter filed on or about December 10, 2019. [ECF 82]. Based
upon Plaintiff’s position during the conferral on the Motion to Dismiss Officer Hopkins was
prepared to timely proceed with his Motion to Dismiss.
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3. However, yesterday, December 12, 2019, Plaintiff’s counsel advised that Plaintiff
intended to seek leave to file a fourth amended complaint. A meaningful conferral as to the basis
for that intended Motion and the proposed amended has not yet occurred, but is hopefully going
to be scheduled. Nonetheless, during the conferral thus far, Plaintiff’s counsel mentioned
delaying the motion to dismiss briefing so that such conferral can occur and any briefing on
further amendments take place prior to briefing as to motions to dismiss.
4. Given that the filing of a Motion to Amend, if granted, could further alter the
Complaint and render the second Motion to Dismiss intended to be filed as moot, just like the
first Motion to Dismiss was rendered moot by Plaintiff’s last amendment, Defendant agrees that
proceeding with the motion to dismiss briefing while the issue of another amendment is pending
would be a waste of all parties’ resources.
5. Officer Hopkins thus respectfully requests that the Court grant him an extension
of time to file a responsive pleading and that the new date for a responsive pleading be set for
after the newly proposed Motion to Amend is ruled upon. To the extent that the Court wishes to
set a specific timeline for responsive pleadings, Officer Hopkins proposes his deadline for filing
be 5 days after any denial of a motion to amend or 14 days after the granting of any motion to
amend.
6. The undersigned certifies that she has served a copy of this Motion on her client.
7. Neither the parties nor the Court will be prejudiced by the relief sought in this
Motion, which may very well save considerable municipal and judicial resources and appears to
be in line with the Court’s revised Practice Standards as to limiting motions practice. Further,
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this is the first extension sought by Defendant Hopkins as to a response to Plaintiff’s adopted
Third Amended Complaint.
WHEREFORE, Officer Hopkins respectfully requests that the Court grant this Motion
and extend the time for his filing of a responsive pleading to the operative complaint until after a
determination as to any requested amended has been made.
Respectfully submitted this 13th day of December, 2019.
/s/Marni Nathan Kloster
Marni Nathan Kloster
Nicholas C. Poppe
NATHAN DUMM & MAYER P.C.
7900 E. Union Avenue, Suite 600
Denver, CO 80237-2776
Phone Number: (303) 691-3737
Fax: (303) 757-5106
Attorneys for Defendant Todd Hopkins
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CERTIFICATE OF SERVICE
I hereby certify that on this13th day of December, 2019, I electronically filed the
foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME BY TODD HOPKINS
TO SUBMIT A RESPONSIVE PLEADING TO PLAINTIFF’S THIRD AMENDED
COMPLAINT with the Clerk of Court using the CM/ECF system which will send notification
of such filing to the following at their e-mail addresses:.
David A. Lane
Helen S. Oh
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street
Suite 400
Denver, CO 80202
dlane@kln-law.com
hoh@kln-law.com
ATTORNEYS FOR PLAINTIFFS
Mark Scott Ratner
Hall & Evans LLC-Denver
1001 Seventeenth Street
Suite 300
Denver, CO 80202
ratnerm@hallevans.com
ATTORNEY FOR DEFENDANT FORT COLLINS POLICE DEPARTMENT
/s/ Marni Nathan Kloster
Marni Nathan Kloster
Nicholas C. Poppe
Attorneys for Defendant Hopkins
NATHAN DUMM & MAYER P.C.
7900 E. Union Avenue, Suite 600
Denver, CO 80237-2776
Phone Number: (303) 691-3737
Facsimile: (303) 757-5106
MNathan@ndm-law.com
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