HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 113 - UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
____________________________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT [DOC. #108]
____________________________________________________________________________________
Plaintiff, by and through their undersigned counsel of record, hereby moves for an
extension of time to respond to Defendants Motion to Dismiss First Amended Complaint [Doc.
#108], and state as follows:
CONFERRAL STATEMENT PURSUANT TO D.C. Colo. L. Civ. R. 7.1
Counsel for Plaintiff certifies that they conferred with Mark Ratner, counsel for
Defendants, who indicated that Defendants do not oppose the relief requested herein.
CERTIFICATION PURSUANT TO D.C. Colo. L. Civ. R. 6.1(c)
Counsel for Plaintiff certifies that this motion has been served contemporaneously on
their client, Michaella Surat, upon the filing of this motion.
1. On September 14, 2020, Defendants filed a motion to dismiss Plaintiff’s First
Amended Complaint. [Doc. #108].
2. Plaintiff’s response to this motion is due on or before October 5, 2020.
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3. Plaintiff respectfully requests a three-week extension of time, up to and including
October 26, 2020, to respond to the motion to dismiss.
4. Good cause exists to grant this extension of time.
5. In addition to the normal press of business, lead counsel for Plaintiff, David A.
Lane has conducted numerous depositions recently which has taken a significant amount of his
time to prepare for and take. Mr. Lane took a deposition in Bush v. Liberty Global, Inc., Case
No. 19-cv-03495-DDD-KLM on September 14; in Partridge v. Joe Pelle, et al., Case No. 17-cv-
02941-CMA-STV Mr. Lane took two depositions on September 16 and September 29 and will
be taking a deposition in Colbruno v. Kessler., 17-cv-01072-DDD-NRN on October 6, 2020.
6. In addition to the normal press of business, counsel for Plaintiff, Andy McNulty
who will be primarily responsible for drafting the Response, drafted and filed a response to a
motion to dismiss in Moses v. Lamb, et al., 1:20-cv-01603-MEH on September 22, 2020,
conducted a 30(b)(6) deposition, which required extensive preparation, in Surat v. Klamser on
September 24, 2020, and drafted an opening brief, assisted with the administrative work that
accompanies filing such a brief, that was filed in the Ninth Circuit Court of Appeals yesterday in
AACJ, et al. v. Brnovich, et al., 20-16293, and has been litigating multiple class action lawsuits
that seek immediate relief for dangers presented by the Coronavirus to inmates, including
Carranza, et al. v. Reams, 20-cv-00977 and Winston v. Polis, et al., 2020CV031823.
7. In addition to the usual press of business, counsel for Plaintiff, Helen Oh, who
will be primarily responsible for drafting the Response, drafted and filed a complaint in Loma v.
City and County of Denver, et al., 1:20-cv-02827-STV on September 17, 2020, reviewed
hundreds of police reports and assisted in drafting an amended complaint soon to be filed in a
class action lawsuit Minter v. City of Aurora, et al., No. 20-cv-02172-RM-NYW, collected
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witness statements in Minter, and prepared a pretrial order with extensive discovery in
Christensen v. Southwest Colorado Mental Health Center, Inc., et al., 18-cv-02962-WJM-SKC
to be filed today.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her motion
for extension of time and provide that Plaintiff will have up to, and including, October 26, 2020
to respond to Defendants Motion To Dismiss First Amended Complaint [Doc. #108], and for
such other and further relief as the Court deems just and proper.
Respectfully submitted this 6th day of October 2020.
KILLMER, LANE & NEWMAN, LLP
s/ Helen Oh _______
David Lane
Andrew McNulty
Helen Oh
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
amcnulty@kln-law.com
hoh@kln-law.com
Counsel for Plaintiff
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CERTIFICATE OF SERVICE
I certify that on this 6th day of October 2020 I filed a true and correct copy of the
foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT [DOC. #108] via
CM/ECF which will serve the following via E-Mail:
Mark Ratner
Christina Gunn
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
303-628-3492
ratnerm@hallevans.com
gunnc@hallevans.com
Counsel for Defendants
Micahella Surat
Via E-Mail
s/ Jamie Akard
Jamie Akard
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