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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. Case 1:21-cv-02306-RM-KLM Document 13 Filed 09/07/21 USDC Colorado Page 1 of 4 2 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. Case 1:21-cv-02306-RM-KLM Document 13 Filed 09/07/21 USDC Colorado Page 2 of 4 3 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 Case 1:21-cv-02306-RM-KLM Document 13 Filed 09/07/21 USDC Colorado Page 3 of 4 4 ` 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 Case 1:21-cv-02306-RM-KLM Document 13 Filed 09/07/21 USDC Colorado Page 4 of 4