HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 102 - DEFENDAN'T UNOPPOED MOTION TO AMEND SCHEDULING ORDERIN 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
Defendant.
_____________________________________________________________________
DEFENDANT’S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
______________________________________________________________________
Defendant RANDALL KLAMSER, in his individual capacity, by and through his
counsel, Mark S. Ratner, Esq., Gillian Dale, Esq., and Brenden Desmond, Esq., of Hall &
Evans, L.L.C., hereby submit the following Unopposed Motion to Amend Scheduling
Order, as follows:
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A)
Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel conferred with
counsel for Plaintiff. Counsel for Plaintiff does not oppose the relief sought in this
Motion.
1. According to the allegations of Plaintiff’s Complaint, this matter arises out
of Plaintiff’s arrest on April 6, 2017 (ECF No. 1 at ¶ 1). Generally, the Plaintiff claims her
Fourth Amendment rights were violated, when she was purportedly subjected to
excessive force during her arrest by Fort Collins Police Officer Randall Klamser.
2. The parties have engaged in continued and extensive discovery efforts. To
date, the depositions of Plaintiff, Plaintiff’s parents Kathy and Michael Surat, Defendant
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Randy Klamser, Fort Collins Police Officer Garrett Pastor, and Plaintiff’s expert Dan
Montgomery have been conducted. The majority of the depositions have been conducted
via video, due to the COVID-19 pandemic. In addition, the parties have exchanged
approximately 9,200 pages of material and video evidence.
3. On May 12, 2020, this Court entered a Minute Order amending the
scheduling order at Defendant’s request (ECF 100). The Minute Order extended the
discovery cut-off deadline to August 3, 2020 and the filing of dispositive motions to August
29, 2020. The Order also set a pretrial conference for September 29, 2020, with the
proposed final pretrial order due on or before September 22, 2020 (ECF 100).
4. The Defendant is requesting a 45-day extension of the discovery deadlines
in order to complete depositions. In particular, attempts are being made to schedule and
conduct the depositions of three of Plaintiff’s medical care providers. One has been set
for August 5, 2020. In addition, the Defendant is attempting to schedule the depositions
of three fact witnesses, one of who was recently identified in additional disclosures.
5. The additional 45 days is necessary to obtain and coordinate the schedules
of Counsel for both parties, as well as the witnesses.
6. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel has served
their client’s representative with a copy of this Motion as reflected on the accompanying
certificate of service.
7. This is the third-request to modify the scheduling order (See ECF Nos. 59
and 98).
8. WHEREFORE, for all the foregoing reasons, Defendant respectfully
requests a 45-day extension of time for the discovery cut-off and filing of dispositive
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motions as follows: Discovery cut-off September 17, 2020, and dispositive motions
October 13, 2020.
Dated this 27th day of July 2020.
Respectfully submitted,
s/ Mark Ratner
Mark S. Ratner, Esq.
Gillian Dale, Esq.
Brenden Desmond, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
daleg@hallevans.com
desmondb@hallevans.com
ATTORNEYS FOR DEFENDANTS
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 27th day of July, 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:
David Lane
Andrew McNulty
Helen S Oh
Killmer, Lane & Newman, LLP
1543 Champa St, Suite 400
Denver, CO 80202
303-571-1000 Phone
303-571-1001 Fax
dlane@kln-law.com
amcnulty@kln-law.com
hoh@kln-law.com
Attorneys for Plaintiff
Randall Klamser, Defendant
via Email
s/ Cindy Blanton, Legal Assistant at
Hall & Evans, L.L.C.
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