HomeMy WebLinkAbout2021-1284 - Surat v. Klamser, et al - 013 - Motion for Extension Response Brief1
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
MICHAELLA SURAT,
Plaintiff – Appellee,
v.
RANDALL KLAMSER, in his individual
capacity, et al.,
Defendant – Appellant.
Case No. 21-1284
UNOPPOSED MOTION FOR ENLARGEMENT OF TIME
TO FILE RESPONSE BRIEF
Plaintiff-Appellee, Michaela Surat, by and through undersigned counsel of record,
hereby moves this honorable Court for an extension of time to file her Response Brief,
and states as follows in support:
1. Defendant-Appellant filed his Opening Brief on November 5, 2021.
2. Plaintiff-Appellee’s Response Brief is currently due on December 6, 2021.
3. Counsel for Plaintiff-Appellee has been working diligently on the response
brief but needs additional time to draft and finalize the brief. Plaintiff-Appellee is
requesting an additional forty-five (45) to file her Response Brief, up to and including
January 20, 2022.
4. Good cause exists for this requested deadline extension.
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5. Counsel for Plaintiff-Appellee, in addition to the usual press of business and
the holidays, Counsel for Plaintiff-Appellee, Andrew McNulty participated in an all-day
mediation in Acker v. City and County of Denver, et al. on November 29, 2021 and was
in trial for People v. Travis Cole on November 30, 2021. Additionally, Mr. McNulty will
be involved in depositions in Rosenblum v. Blum, et al. on December 3 and 6, 2021 and
depositions in Allen, et al. v. Denver Fire Department on December 7, 8, and 9, 2021;
further, Mr. McNulty will be involved in a two-day Preliminary Injunction Hearing in
Griffith v. El Paso County, et al. on December 9-10, 2021 and depositions in Minter, et
al. v. City and County of Aurora, et al. on December 13-14, 2021.
6. Counsel for Plaintiff-Appellee, David A. Lane, had a trial scheduled in the
Federal District Court for the District of Colorado set to begin on December 6, 2021 for
Estate of Marciano Briones, et al. v. Ardrey, which required a significant amount of
preparation time. This trial was continued on November 29, 2021. Additionally, Mr. Lane
has been involved in multiple depositions in various cases over the past few weeks and is
planning to be out of the state from December 15-31, 2021 on unrelated matters.
7. Plaintiff-Appellee has conferred for counsel for Defendant-Appellant who
does not oppose the relief requested herein.
8. No party will be prejudiced by the relief requested herein.
9. Accordingly, Plaintiff-Appellee respectfully requests a forty-five (45) day
extension of her deadline to file their Response Brief, up to and including January 20,
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2022.
Respectfully submitted this 1st day of December 2021.
KILLMER, LANE & NEWMAN, LLP
/s/David A. Lane_________
David A. Lane
Darold W. Killmer
Michael Fairhurst
Andrew McNulty
1543 Champa Street, Suite 400
Denver, CO 80202
(303) 571-1000
dlane@kln-law.com
amcnulty@kln-law.com
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CERTIFICATE OF SERVICE
I hereby certify that a copy of this UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE RESPONSE BRIEF was served on December 1,
2021 via CM/ECF which will send notification of such filing to the following:
Mark Ratner
Brenden Desmond
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
303-628-3492
ratnerm@hallevans.com
desmondb@hallevans.com
KILLMER, LANE & NEWMAN, LLP
s/ Jamie Akard
___________________________
Jamie Akard
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CERTIFICATE OF DIGITAL SUBMISSION
I hereby certify that with respect to the foregoing:
(1) all required privacy redactions have been made;
(2) if required to file additional hard copies, that the ECF submission is an exact
copy of those documents;
(3) The digital submissions have been scanned for viruses with the most recent
version of a commercial virus scanning program, Malwarebytes Anti-Malware for
Windows, Version 1.75.0.1300, database version v2015.09.15.06 updated August
14, 2020, and according to the program are free of viruses.
KILLMER, LANE & NEWMAN, LLP
s/ Jamie Akard
__________________________
Jamie Akard
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