HomeMy WebLinkAbout2021-1284 - Surat v. Klamser, et al - 015 - Second Motion 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
SECOND 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 filed her first Motion for Extension on December 1, 2021
which was granted.
3. Plaintiff-Appellee ’s Response Brief is currently due on January 20, 2021.
4. Counsel for Plaintiff-Appellee have been diligently working on the response
brief but need additional time to finalize.
5. In addition to the normal press of business, Mr. McNulty was involved in
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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 was in a two-day Preliminary Injunction Hearing in Griffith v. El Paso County,
et al. on December 9-10, 2021 and was out of the office on unrelated matters from
December 27, 2021 through January 3, 2022. Additionally, he has multiple depositions
scheduled in Minter, et al. v. City and County of Aurora, et al., Estate of Lorenzo Gabriel
Flores v. The State of Colorado, et al., Allen, et al. v. Denver Fire Department, and
Goodman v. Montrose County, Colorado, et al., a mediation in Kantor v. City and County
of Denver, et al., and a pre-litigation mediation in Barklow v. Balfour Longmont, LLC
scheduled through January and February, 2022.
6. Finally, multiple employees at Killmer, Lane & Newman have been out of
the office quarantining due to Omicron COVID symptoms, including Andrew McNulty
and other staff members involved in the preparation of the response brief, which has
disrupted the normal workflow.
7. Plaintiff-Appellee is requesting an additional 33 days, up to and including
February 22, 2022 to file her response brief.
8. Good cause exists for this requested deadline extension.
9. Plaintiff-Appellee has conferred for counsel for Defendant-Appellant who
does not oppose the relief requested herein.
10. No party will be prejudiced by the relief requested herein.
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11. Accordingly, Plaintiff-Appellee respectfully requests a thirty-three (33) day
extension of her deadline to file their Response Brief, up to and including February 22,
2022.
Respectfully submitted this 13th day of January 2022.
KILLMER, LANE & NEWMAN, LLP
/s/ David A. Lane________
David A. Lane
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 SECOND UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO FILE RESPONSE BRIEF was served on January 13,
2022 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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