HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 136 - Dfs' Unopposed Mot Extension of Time to ReplyIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-WJM-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and,
CITY OF FORT COLLINS, a municipality,
Defendants.
_____________________________________________________________________
DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE A REPLY, MOTION TO FILE A CONSOLIDATED REPLY, AND MOTION TO
EXCEED THE COURT’S PAGE LIMITATION
______________________________________________________________________
Defendants RANDALL KLAMSER, in his individual capacity, and the CITY OF FORT
COLLINS, a municipality, by and through their attorneys, Mark S. Ratner, Hall & Evans, L.L.C.,
and John R. Duval, Fort Collins City Attorney’s Office, hereby submits the following as
Defendants’ Unopposed Motion for Extension of Time to File a Reply, Motion to File a
Consolidated Reply, and Motion to Exceed the Court’s Page Limitation.
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A)
Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel conferred with counsel
for Plaintiff. Counsel for Plaintiff does not oppose the relief sought in this Motion.
CERTIFICATE OF COMPLIANCE WITH THE HONORABLE WILLIAM J.
MARTINEZ’ PRACTICE STANDARD II(D)(2)(b)
As noted in the Certificate of Service, a copy of this Motion was served via email to Officer
Randy Klamser, and John Duval, Fort Collins City Attorney’s Office.
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1. According to the allegations of Plaintiff’s Complaint, this matter generally arises
out of the arrest of Plaintiff, Michaella Surat, by City of Fort Collins Police Officer Randal
Klamser. Plaintiff alleges a violation of her Fourth Amendment rights and the purported use of
excessive force to effectuate her arrest.
2. On September 14, 2020, the City of Fort Collins (“City”) filed a Motion to Dismiss
Plaintiff’s First Amended Complaint (ECF 108).
3. On October 13, 2020, the Defendants filed a Motion for Summary Judgment, which
sought dismissal of all claims on behalf of the City and Officer Klamser (ECF 118)1.
4. On October 19, 2020, the Plaintiff filed a Motion seeking leave to file a
consolidated response to both the Motion to Dismiss and the Motion for Summary Judgment (ECF
120). The Court granted Plaintiff’s Motion on October 21, 2020, and further ordered that any
response was not to exceed 50-pages (ECF 124).
5. On November 20, 2020, the Plaintiff filed her response (ECF 128). The pleading
is 44-pages in length, accompanied by approximately 565 pages of exhibits, plus videos (See ECF
128-1 to 128-21; 129-1 to 129-6; 130-133. ).
6. The current due date for a reply to both the Motion to Dismiss and Motion for
Summary Judgment, is December 14, 2020.
7. In order to promote judicial efficiency, the Defendants seek leave to file a
consolidated reply to Plaintiff’s consolidated response. In addition, given the length of the
response, the Defendants also seek leave to file a pleading no more than 30-pages in length.
1 The filing of both a Motion to Dismiss and a Motion for Summary Judgment on
behalf of the City, was necessitated by the filing of an amended complaint and the deadlines set
forth in the operative scheduling order.
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8. Furthermore, the Defendants seek a 21-day extension of time, or until January 4,
2021, in which to file a consolidated reply. The extension is necessary in order to have sufficient
time to properly assess the approximately 565 pages of exhibits along with the response.
Furthermore, two-attorneys from Hall & Evans who were working on this matter, have either left
or will soon leave, the Firm. (See ECF 117 (withdrawal of Gillian Dale))2. Lastly, a 21-day
extension of time is requested, due to the upcoming holidays.
WHEREFORE, Defendants respectfully request an extension of time until January 4, 2021,
to file a consolidated reply in support of their Motion to Dismiss and Motion for Summary
Judgment, not to exceed 30 pages.
Dated this 7th day of December, 2020.
Respectfully submitted,
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
and
s/ John R. Duval
John R. Duval, Esq.
Deputy City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6520
jduval@fcgov.com
ATTORNEYS FOR DEFENDANTS
2 Brenden Desmond has or will be filing his notice of withdrawal.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 7th day of December, 2020, 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 Lane, Esq.
Andrew McNulty, Esq.
Helen S. Oh, Esq.
Killmer, Lane & Newman, LLP
1543 Champa Street, Suite 400
Denver, CO 80202
303-571-1000 Phone
303-571-1001 Fax
dlane@kln-law.com
amcnulty@kln-law.com
hoh@kln-law.com
Attorneys for Plaintiff
City of Fort Collins Police Officer, Randall Klamser, via email
John Duval, Esq., Fort Collins City Attorney’s Office, via email
s/Cindy Blanton, Legal Assistant to
Mark S. Ratner
Hall & Evans, L.L.C.
1001 Seventeenth St., Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
desmondb@hallevans.com
ATTORNEYS FOR DEFENDANTS
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