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Home My WebLink About2021-cv-2306-RM-KLM - Perry v. State of Colorado, et al - 048 - Reply in support of Motion to StrikeIN 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; Defendant. DEFENDANT THE CITY OF FORT COLLINS’ REPLY IN SUPPORT OF MOTION TO STRIKE PLAINTIFF’S MOTION FOR LEAVE TO AMEND (ECF 39) Mark S. Ratner, Esq. and Katherine N. Hoffman, Esq., of the law firm Hall & Evans, LLC, on behalf of Defendant, the City of Fort Collins (“City”), submit the following as their Reply in Support of Motion to Strike Plaintiff’s Motion for Leave to Amend (ECF 39). I. ARGUMENT In his response, Plaintiff cites to Fed. R. Civ. P. 15, and argues the City has either “erroneously or intentionally misapprehended” the Rule, as no redundant, immaterial, impertinent, or scandalous material has been identified in the Motion to Strike (ECF 45, at 4) (“Motion”). Plaintiff misunderstands the basis for the City’s Motion, as it is not brought pursuant to Fed. R Civ. P. 15. Rather, the City requests Plaintiff’s Motion for Leave to Amend be stricken on two grounds. Case 1:21-cv-02306-RM-KLM Document 48 Filed 04/01/22 USDC Colorado Page 1 of 4 2 First, Plaintiff’s request should be stricken because he failed to comply with D.C.COLO.LCivR 15.1(b). His proposed amended complaint fails to identify material which is either stricken or added from the operative complaint, and he makes no effort to correct this error in his response. Furthermore, Plaintiff persists in his failure to identify which paragraphs were moved or rearranged. As argued in the City’s Motion, coupled with the fact the proposed complaint has ballooned by adding an additional 11-pages (an additional 25-pages from the initial Complaint), and 60-paragraphs (an additional 255-paragraphs from the initial Complaint), without any indication as to what was changed, added, or deleted, it is extremely difficult to address Plaintiff’s request for leave to amend or any reasons proffered for the proposed amendments. Second, Plaintiff fails to comply with the brevity requirement of Fed. R. Civ. P. 8(a)(2), and his response fails to address any pertinent basis or argument explaining away the notion his proposed amended pleading is replete with repetitive, rambling, and incoherent allegations. Lastly, Plaintiff argues he will be prejudiced if his request is denied, However, he fails to provide any indication as to how he would be prejudiced. II. CONCLUSION WHEREFORE, the City of Fort Collins respectfully requests the Court grants its Motion, strike Plaintiff’s Motion for Leave (ECF 39), and for entry of any other relief deemed just. Respectfully submitted this 1st day of April, 2022. s/Mark S. Ratner Mark S. Ratner, Esq. Katherine N. Hoffman, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 Case 1:21-cv-02306-RM-KLM Document 48 Filed 04/01/22 USDC Colorado Page 2 of 4 3 Phone: 303-628-3300 Fax: 303-628-3368 ratnerm@hallevans.com hoffmank@hallevans.com ATTORNEYS FOR DEFENDANT THE CITY OF FORT COLLINS Case 1:21-cv-02306-RM-KLM Document 48 Filed 04/01/22 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 1st day of April 2022, a true and correct copy of the foregoing was filed with the Court via CM/ECF and served on all parties of record, as well as the below- listed party by email: Robert Lawrence Perry fort_scout@yahoo.com Pro se Plaintiff Allison R. Ailer, #33008 Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver, CO 80203 Attorneys for The State of Colorado; Board of Governors of the CSU System, acting and on behalf of CSU; Colorado State University; and Steven Vasconcellos Skip Spear, #32061 Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver, CO 80203 Attorneys for The State of Colorado; Board of Governors of the CSU System, acting and on behalf of CSU; and Colorado State University s/ Sarah M. Stefanick, Legal Assistant to Mark S. Ratner, Esq. 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 ratnerm@hallevans.com hoffmank@hallevans.com ATTORNEYS FOR DEFENDANT THE CITY OF FORT COLLINS Case 1:21-cv-02306-RM-KLM Document 48 Filed 04/01/22 USDC Colorado Page 4 of 4