HomeMy WebLinkAbout2021-1284 - Surat v. Klamser, et al - 008 - Motion Extension Opening BriefAppellate Case: 21-1284 Document: 010110582566 Date Filed: 09/27/2021 Page: 1
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
MICHAELA LYNN SURAT,
Plaintiff/Appellee,
v.
RANDALL KLAMSER, in his
individual capacity,
Defendant/Appellant,
and
CITY OF FORT COLLINS,
COLORADO, a municipality,
Defendant.
Case No. 21-1284
On appeal from the United States District Court for the District of
Colorado
District Court No. 19-CV-00901
The Honorable William J. Martinez, United States District Judge
DEFENDANT -APPELLANT RANDALL KLAMSER'S UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF
Appellate Case: 21-1284 Document: 010110582566 Date Filed: 09/27/2021 Page: 2
Pursuant to Fed. R. App. P. 26(b) and loth Cir. R. 27.6(D), Defendant -
Appellant Randall Klamser respectfully requests an unopposed 30-day extension of
time in which to file his opening brief, up to and including November 4, 2021.
CONFERRAL
Undersigned counsel conferred with counsel for Plaintiff -Appellee, who
indicates no opposition to the requested relief in this motion. See 10th Cir. R. 27.1,
27.6(C)(2). This Motion is, therefore, unopposed.
REASONS FOR EXTENSION OF TIME
1. On August 10, 2021, Defendant -Appellant Randall Klamser filed his
Notice of Appeal in this matter.
2. The record was complete on August 26, 2021. Pursuant to the
applicable Rules, Defendant -Appellant Klamser's opening brief is due on or before
October 5, 2021. See Federal Rule of Appellate Procedure 31(a)(1); loth Cir. R.
31.1(A)(1).
3. Good cause exists for Defendant -Appellant Klamser's request for a 30-
day extension, see Fed. R. App. P. 26(b), and the requirements of loth Cir. R.
27.6(D) are met, as the complexities of the case require additional research and
analysis. See loth Cir. R. 27.6(E)(2). Defendant -Appellant Klamser requires
additional time to adequately research and analyze the issues and case law
Appellate Case: 21-1284 Document: 010110582566 Date Filed: 09/27/2021 Page: 3
surrounding the application of qualified immunity. In particular, this appeal presents
complicated issues respecting the District Court's consideration of Plaintiff's prior
criminal convictions, the application of Heck v. Humphrey, 512 U.S. 477 (1994),
and the existence of clearly established law in the 10t" Circuit and United States
Supreme Court, respecting the determination of qualified immunity.
4. Further, undersigned counsel has the principal responsibility for
research and drafting the Opening Brief in this matter. In addition, however, the
undersigned counsel has had and has the following other matters to attend to since
the filing of Defendant-Appellant's Notice of Appeal: the preparation and
development of a proposed pretrial order in this matter, Surat v. Klamser, U.S.
District Court for the District of Colorado, Case No. 19-CV-00901-WJM-NRN;
anticipated preparation of a response in opposition to Plaintiff-Appellant's Motion
to Dismiss Appeal, recently filed in this matter; preparation for mediation and trial
in the matter of Exby-Stolley v. Weld County Board of County Commissioners,
U.S. District Court for the District of Colorado, Case No. 13-CV-1395-CMA-
NYW1; summary judgment briefing in the matter of Poer v. Dickey, et al, U.S.
District Court for the District of Colorado, Case No. 19-CV-1088-LTB-NRN;
1 Mediation is set for November 29, 2021. Trial was set for January 10, 2022, but
has since been rescheduled for April 11, 2022.
Appellate Case: 21-1284 Document: 010110582566 Date Filed: 09/27/2021 Page: 4
participation in reopened and truncated discovery proceedings in the matter of
Erickson v. O'Hayre, et al, U.S. District Court, District of Colorado, Case No. 19-
CV-2613-PAB-NYW; summary judgment briefing in the matter of Brooks v.
Correctional Health Partners et al, U.S. District Court, District of Colorado, Case
No. 18-CV-2578-PAB-SKC; drafting of a motion to dismiss, and responses to
continuous pleadings filed by pro se Plaintiff, in the Bolling v. Engelbert matter,
U.S. District Court, District of Colorado, Case No. 20-cv-01004-DDD-SKC;
discovery management in the matter of Slatton v. City of Fort Collins matter, U.S.
District Court, District of Colorado, Case No. 18-cv-03112-RBJ-STV, and;
discovery management in the Herrera v. Excalibur Homes et al. matter, Arapahoe
County District Court, Case No. 2020CV32229.
5. The above represent the principle matters the undersigned counsel has
been engaged with during this period of time, but the undersigned counsel also has
other responsibilities in other matters on an ongoing daily basis.
6. Defendant -Appellant Klamser has not filed any previous motions to
extend the time to file his Opening Brief. Further, this request is unopposed by the
other parties in this case.
CONCLUSION
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For all the foregoing reasons, Defendant -Appellant Randall Klamser
respectfully requests an extension of time, to and including November 4, 2021, in
which he may file his Opening Brief.
Respectfully submitted this 27t" day of September, 2021.
Appellate Case: 21-1284 Document: 010110582566 Date Filed: 09/27/2021 Page: 6
CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 27TH day of September 2021, I
electronically filed the foregoing with the Clerk of Court using the CM/ECF system
which will send notification of such filing to the following e-mail addresses:
David A. Lane, Esq.
dlane@kln-law.com
Andrew McNulty, Esq.
amcnulty@kln-law.com
s/ Sarah Stefanick