HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 168 - Motion for Extension for Reply
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
____________________________________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF
PLAINTIFF’S MOTION FOR ORDER CERTIFYING DEFENDANT KLAMSER’S
INTERLOCUTORY APPEAL AS FRIVOLOUS [DOC. 161]
____________________________________________________________________________________
Plaintiff, by and through their undersigned counsel of record, hereby moves for an
extension of time to submit her reply in support of Motion for Order Certifying Defendant
Klamser’s Interlocutory Appeal as Frivolous [Doc. 161] and state as follows:
CONFERRAL STATEMENT PURSUANT TO D.C. Colo. L. Civ. R. 7.1
1. Counsel for Plaintiff certifies that they conferred with Mark Ratner, counsel for
Defendants, who indicated that Defendants take no position as to the relief requested herein.
CERTIFICATION PURSUANT TO D.C. Colo. L. Civ. R. 6.1(c)
2. Counsel for Plaintiff certifies that this motion has been served contemporaneously
on their client, Michaella Surat, upon the filing of this motion.
3. On August 12, 2021, Plaintiff filed her Motion for Order Certifying Defendant
Klamser’s Interlocutory Appeal as Frivolous and Request for Hearing. [Doc. #161].
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4. On August 16, 2021, this Honorable Court issued an Order with an expedited
briefing schedule for this Motion. [Doc. #166].
5. Plaintiff’s deadline to file her reply in support of Motion for Order Certifying
Defendant Klamser’s Interlocutory Appeal as Frivolous and Request for Hearing is Monday,
August 23, 2021.
6. Andy McNulty, counsel primarily responsible for drafting the reply, is taking all-
day depositions on Friday, August 20, 2021, and on Monday, August 23, 2021, in Estate of
Lorenzo Gabriel Flores v. The State of Colorado, et al., Case No. 18-cv-03267-TMT-KMT.
These depositions will consume not only Friday and Monday, but all weekend given the
necessity to finalize prepartions for Monday’s deposition. Therefore, Plaintiff’s counsel needs
additional time to finalize the reply.
7. Plaintiff respectfully requests an additional two days, up to and including August
25, 2021, to file her reply in support of Motion for Order Certifying Defendant Klamser’s
Interlocutory Appeal as Frivolous and Request for Hearing.
8. Good cause exists to grant this extension of time.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her motion
for extension of time for an additional two days, up to and including August 25, 2021, to file her
reply in support of Motion for Order Certifying Defendant Klamser’s Interlocutory Appeal as
Frivolous, and for such other and further relief as the Court deems just and proper.
Respectfully submitted this 19th day of August 2021.
KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty _______
David Lane
Andy McNulty
1543 Champa Street, Suite 400
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Denver, Colorado 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
amcnulty@kln-law.com
Counsel for Plaintiff
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CERTIFICATE OF SERVICE
I certify that on this 19th day of August 2021, I filed a true and correct copy of the
foregoing with the Court via CM/ECF which will generate emailed notice to all counsel of
record:
Mark Ratner
Brenden Desmond
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
303-628-3492
ratnerm@hallevans.com
desmondb@hallevans.com
Counsel for Defendants
Michaella Surat
Via: E-Mail
s/ Jamie Akard
Jamie Akard
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