HomeMy WebLinkAbout2021-cv-2306-RM-KLM - Perry v. State of Colorado, et al - 013 - Motion for Extension of Time to Answer ComplaintIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:21-CV-02306-RM-KLM
ROBERT LAWRENCE PERRY,
Plaintiff,
v.
THE STATE OF COLORADO,
THE CITY OF FORT COLLINS,
CSU BOARD OF GOVERNORS FOR CSU,
COLORADO STATE UNIVERSITY and
STEVEN VASCONSELLOS, Judicial Administrator;
Defendants.
DEFENDANT CITY OF FORT COLLINS’ OPPOSED MOTION FOR 30-DAY
EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS TO PLAINTIFF’S
COMPLAINT [ECF 1]
Defendant City of Fort Collins (“Defendant”), via counsel, Mark S. Ratner, Esq., and
Katherine N. Hoffman, Esq., of Hall & Evans, L.L.C., and under Fed.R.Civ.P. 6 and related
authorities, hereby submit this Opposed Motion for 30-Day Extension of Time to File Responsive
Pleadings to Plaintiff’s Complaint [ECF 1], and respectfully seek a four week extension of time to
do so until and including Monday, October 18, 2021, stating in support as follows:
D.C.COLO.LCivR 7.1: Undersigned counsel conferred with pro se Plaintiff via email on
September 2-3, 2021. Plaintiff indicated that he opposes this Motion and the relief requested
therein.
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I. DISCUSSION
1. The current deadline for Defendant to respond to Plaintiff’s Complaint is September
17, 2021. [See generally Docket].
2. Fed.R.Civ.P. 6(b) provides if a party moves for an extension of time to complete an act
before the expiration of the period to complete that act, the court possesses the discretion to grant
the sought-after extension of time.
3. Undersigned counsel is still gathering information necessary to determine an
appropriate strategy in order to respond to Plaintiff’s Complaint. Significantly, counsel is
confronted with a voluminous, 42-page, 159-paragraph Complaint. Plaintiff’s Complaint raises
complex issues relating to the constitutionality of Defendant’s trespass and camping ordinances .
Specifically, Plaintiff challenges Defendant’s trespass ordinance (Third Claim for Relief) under
the Fifth, Eighth and Fourteenth Amendments. Plaintiff challenges Defendant’s camping
ordinance (Fourth Claim for Relief) under the Fourth, Fifth, Eighth, and Fourteenth Amendments.
Each of these claims requires separate review and analysis.
4. Thus, Defendant requests a brief 30-day extension to file a responsive pleading to ECF
1, until and including Monday, October 18, 2021.
5. This is Defendant’s first request for an extension of time respecting the deadline to
prepare and file its responsive pleading to ECF 1.
6. This Motion is made in good faith and not for purposes of delay.
7. None of the Parties nor the Court will be prejudiced by granting this relief.
8. Defendant files this Motion in advance of the presumptive deadline pursuant to
Fed.R.Civ.P. 6(b)(1)(A), which authorizes the Court to grant a motion for extension of time made
before the expiration of the original period of time.
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9. Hence, good cause exists for the Court to grant the requested relief.
10. Finally, pursuant to D.C.COLO.LCivR 6.1(c), undersigned counsel certifies this
Motion is being served herewith on authorized representatives of Defendant.
II. CONCLUSION
In conclusion, for these reasons, Defendant City of Fort Collins respectfully seeks from the
Court an Order: granting Defendant a 30-day extension of time until and including Monday,
October 18, 2021, to file and serve its responsive pleadings to Plaintiff’s Complaint [ECF 1]; and
entering all other and future relief which the Court deems just and appropriate.
Respectfully submitted this 7th day of September 2021.
s/Katherine N. Hoffman
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
Hoffmank@hallevans.com
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 7th day of September 2021, a true and correct copy of the
foregoing was filed with the Court via CM/ECF and served on the below-listed party by email:
Robert Lawrence Perry
fort_scout@yahoo.com
Pro se Plaintiff
s/Marlene Wilson, Legal Assistant to
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
Hoffmank@hallevans.com
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
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