HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 143 - Motion For Leave To File Amended Motion For Summary JudgmentIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff
v.
CITY OF FORT COLLINS, A MUNICIPALITY,
Defendants.
MOTION FOR LEAVE TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT
NUNC PRO TUNC
Defendant, the City of Fort Collins, (“City”) through its counsel, Mark S. Ratner, Esq., of
Hall & Evans, L.L.C., hereby submits the following as its Motion for Leave to File Amended Motion
for Summary Judgment Nunc Pro Tunc:
D.C.COLO.LCivR 7.1: Undersigned Counsel conferred with Counsel for Plaintiff regarding
this Motion. Plaintiff’s Counsel does not have an objection to the requested relief.
I. INTRODUCTION AND ARGUMENT
1. On October 4, 2021, the City filed its Motion for Summary Judgment pursuant to Fed.
R. Civ. P. 56 (ECF 137). The Motion consists of 21-pages, including the caption and Certificate of
Service.
2. On October 18, 2021, Plaintiff filed an Unopposed Motion for Extension of Time to
respond to the City’s Motion for Summary Judgment (ECF 141).
3. On October 19, 2021, the Court granted Plaintiff’s Motion (ECF 142). In the Order
granting the requested relief the Court stated, “Perhaps in defendants reply it will explain why it did
not comply with the Court's practice standard regarding summary judgment motions.” (ECF 142).
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4. After reviewing the Court’s Practice Standards regarding Motions for Summary
Judgment, it appears the City’s brief exceeded the page limitations set forth in the Court’s Practice
Standards 1.
5. In order to comply with the Court’s Practice Standards, undersigned Counsel has
amended the Motion for Summary Judgment, by moving the Certificate of Service to just below the
signature block. The amended Motion is now 20-pages (Ex A).
6. The 21-page brief was a formatting error, and undersigned Counsel apologies to the
Court and Counsel. Undersigned Counsel was aware of the Court’s Practice Standards when the
Motion was drafted, and took note that the brief was 20-pages. Undersigned Counsel, though,
subsequently forgot to include the Certificate of Service.
7. The attached amended brief is substantively identical to the brief originally filed,
except for the Certificate of Service, which is now on page 20. None of the argument or exhibits
have been changed whatsoever
8. The City requests the Court allow the filing of the proposed amended brief attached
hereto as Exhibit A, nunc pro tunc to the time the initial brief was filed. Since there is no change in
the argument, exhibits, or statement of facts, there is no prejudice to the Plaintiff.
9. The exhibits to the initial Motion for Summary Judgment, (ECF 137-1 to 137-7) have
already been provided to the Court, and since they are unchanged the City requests they become
associated with the Amended Motion for Summary Judgment should this Motion be granted.
WHEREFORE, Defendant City of Fort Collins respectfully requests the Court grants its
Motion and allow the filing of the Amended Motion for Summary Judgment, nunc pro tunc, to the
1 At the time the Motion for Summary Judgment was filed, undersigned Counsel also took note of
the Court’s Practice Standards with respect to the filing of such motions, and the necessity of
submitting a notice of intent. Pursuant to ftnt. 1, the Court’s Practice Standards state the new motion
rules apply to cases filed after December 1, 2019. This matter was filed on December 3, 2018 and
therefore Counsel believed the procedure respecting a notice of intent was not applicable.
Case 1:18-cv-03112-RBJ-STV Document 143 Filed 10/19/21 USDC Colorado Page 2 of 4
date of the original filing.
Respectfully submitted this 19th day of October 2021.
/s/ Mark S. Ratner
Mark S. Ratner
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEY FOR DEFENDANT
THE CITY OF FORT COLLINS
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 19th day of October, 2021, I electronically filed the
foregoing MOTION FOR LEAVE TO FILE AMENDED SUMMARY JUDGMENT
PURSUANT TO FED. R. CIV. P. 56 ON BEHALF OF THE CITY OF FORT COLLINS with
the Clerk of Court using the CM/ECF system and mailed a copy to the following:
David A. Lane, Esq.
Tyrone Glover, Esq.
Killmer, Lane & Newman, LLP
1543 Champa Street, Suite 400
Denver, CO 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
tglover @kln-law.com
ATTORNEYS FOR PLAINTIFF
s/ Sarah Stefanick, Legal Assistant to
Mark S. Ratner
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
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