HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 092 - Unopposed Joint Motion For Extension Of Time To Submit Responsive Pleading To Fourth Amended ComplaintIN 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,
CITY OF FORT COLLINS
Defendants.
UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT
RESPONSIVE PLEADING TO PLAINTIFF’S FOURTH AMENDED COMPLAINT
The Defendants, by and through their respective attorneys, hereby submit the following
unopposed Motion for Extension of Time to Submit a Responsive Pleading to Plaintiff’s Fourth
Amended Complaint, and in support state as follows:
1. Counsel for Defendant Hopkins conferred on behalf of the Defendants with
counsel for the Plaintiff, who does not oppose the relief sought in this Motion. All of the
Defendants join in this Motion.
2. The Plaintiff’s Fourth Amended Complaint became the operative pleading in this
case on December 19, 2019. [ECF 91]. Under F.R.C.P. 15, the deadline for the Defendants to
submit responsive pleadings is January 2, 2020.
3. Both of Officer Hopkins counsel are on vacation the week of December 23, 2019.
Further, based upon the filing date by Mr. Slatton, the time to confer, prepare and file responsive
pleadings spans several holidays.
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4. In order to be able to meaningfully confer and comply with the Court’s Practice
Standards, the Defendants require an extension of time of an additional fourteen days or, up to
and including, January 16, 2020, in which to submit responsive pleadings.
5. The undersigned’s certify that they have served a copy of this Motion on their
respective clients.
6. None of the parties nor the Court will be prejudiced by the brief delay sought in
this Motion given the holidays and the proceedings to date, and the extension will allow the
parties time to confer substantively on any dispositive motions after the holiday break, but before
any filings.
7. This is the first extension requested by Defendants specifically as to their
responsive pleading to Plaintiff’s Fourth Amended Complaint.
WHEREFORE, the Defendants respectfully requests that the Court extend their deadline
to submit responsive pleadings to Plaintiff’s Fourth Amended Complaint of up to and including
January 16, 2020.
Respectfully submitted this 19th 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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/s/ Mark Scott Ratner___________
Mark Scott Ratner
Hall & Evans LLC-Denver
1001 Seventeenth Street
Suite 300
Denver, CO 80202
ratnerm@hallevans.com
Attorney for defendants City, Barnes and Hutto
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CERTIFICATE OF SERVICE
I hereby certify that on this 19th day of December, 2019, I electronically filed the
foregoing UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT
RESPONSIVE PLEADING TO PLAINTIFF’S FOURTH 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 Oh
KILLMER, LANE & NEWMAN, LLP
dlane@kln-law.com
hoh@kln-law.com
ATTORNEYS FOR PLAINTIFFS
Mark Scott Ratner
Hall & Evans LLC-Denver
ratnerm@hallevans.com
ATTORNEY FOR DEFENDANT CITY OF FORT COLLINS, BARNES AND HUTTO
/s/ Marni Nathan Kloster
Marni Nathan Kloster
Attorney for Defendants
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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