HomeMy WebLinkAbout2020CV2192 - DONNA WALTER & MARK MILLIMAN V. GOVERNOR JARED POLIS, JEFFREY J. ZAYACH, TOM GONZALEZ, AND DARIN ATTEBERRY - 038 - ATTEBERRY MOTION FOR EXTENSION OF TIME TO REPLYIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 20-cv-02192-RBJ
DONNA WALTER, and
MARK MILLIMAN,
Plaintiffs,
v.
GOVERNOR JARED POLIS, in his official capacity as Governor of Colorado,
JEFFREY J. ZAYACH, in his official capacity as Executive Director, Boulder County
Public Health, and
DARIN ATTEBERRY, in his official capacity as City Manager, City of Fort Collins,
Defendants.
_____________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN
SUPPORT OF MOTION TO DISMISS FROM DEFENDANT DARIN ATTEBERRY
_____________________________________________________________________
Defendant Darin Atteberry, by and through his counsel, Andrew D. Ringel, Esq.,
of Hall & Evans, L.L.C. and John R. Duval, Esq., Deputy City Attorney, Fort Collins City
Attorney’s Office, hereby respectfully submits this Unopposed Motion for Extension of
Time to File Reply Brief in Support of Motion to Dismiss, as follows:
1. Certificate of Compliance: Prior to filing this Motion, the undersigned
counsel conferred with counsel for the Plaintiffs, Mark Patlan, Esq. Mr. Patlan indicated
the Plaintiffs do not oppose this Motion.
2. Plaintiffs responded to Defendant Darin Atteberry’s Motion to Dismiss on
December 11, 2020. Accordingly, Defendant Atteberry’s Reply Brief in Support of Motion
to Dismiss would be due on December 26, 2020. The undersigned counsel is charged
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with the responsibility of preparing the Reply Brief for Defendant Atteberry and is
scheduled to take some time off during the holiday season. Accordingly, Defendant
Atteberry respectfully requests an extension until January 11, 2021, to file his Reply Brief
in Support of Motion to Dismiss.
3. No party will be prejudiced by this extension of time and this Court’s
consideration of the Motion to Dismiss will not be disrupted because this Court has
already granted identical extensions of time for the other Defendants’ Reply Briefs.
4. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel will serve his
client with this Motion.
WHEREFORE, for all the foregoing reasons, Defendant Darin Atteberry
respectfully requests this Court grant him an extension of time until and including January
11, 2021, to file his Reply Brief in Support of Motion to Dismiss, and for all other and
further relief as this Court deems just and appropriate.
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Dated this 17th day of December, 2020.
Respectfully submitted,
s/ Andrew D. Ringel .
Andrew D. Ringel, Esq.
of Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3453
Fax: 303-628-3368
ringela@hallevans.com
and
John R. Duval, Esq.
Deputy City Attorney
Fort Collins City Attorney’s Office
P.O. Box 580
Fort Collins, CO 80522
Phone: (970) 221-6520
jduval@fcgov.com
ATTORNEY FOR DEFENDANT
DARIN ATTEBERRY
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 17th day of December, 2020, I electronically filed
the foregoing with the Clerk of Court using the CM/ECF system which will send notification
of such filing to the following e-mail addresses:
Mark C. Patlan, Esq.
mpatlan@patlanlw.com
Grant T. Sullivan, Esq.
grant.sullivan@coag.gov
Peter G. Baumann, Esq.
peter.baumann@coag.gov
David E. Hughes, Esq.
dhughes@bouldercounty.org
Catherine R. Ruhland, Esq.
cruhland@bouldercounty.org
s/Nicole Marion, Legal Assistant of
Hall & Evans, L.L.C.
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