HomeMy WebLinkAbout2022CV30661 - Sanctuary Field Neighborhood Network, et al, v. Council of the City of Fort Collins - 012 - Plaintiffs Mot Enlargement re Opening BriefDISTRICT COURT, LARIMER COUNTY, COLORADO
Court Address:
201 La Porte Ave., Suite 100
Fort Collins, CO 80521
Plaintiffs: Sanctuary Field Neighborhood Network, a
Colorado nonprofit corporation; and Miranda Spindel
v.
Defendant: Council of the City of Fort Collins
Andrew Pipes, #53233
Frascona, Joiner, Goodman and Greenstein, P.C.
4750 Table Mesa Drive
Boulder, CO 80305
Phone Number: 303-494-3000
Fax #: 303-494-6309
E-mail: andrew@frascona.com
COURT USE ONLY
_________________________
Case Number: 2022CV030661
Div. 5A Ctrm:
PLAINTIFFS’ MOTION FOR ENLARGEMENT OF TIME TO FILE OPENING
BRIEF
Plaintiffs Sanctuary Field Neighborhood Network, a Colorado nonprofit corporation
(“SFNN”), and Miranda Spindel (“Miranda,” and together with SFNN, the “Plaintiffs”), by and
through their attorneys, Frascona, Joiner, Goodman and Greenstein, P.C., submits this Motion for
Enlargement of Time to File Opening Brief (this “Motion”):
1. CRCP 121 §1-15(8) Conferral: Counsel for Plaintiffs has conferred with counsel for
Defendant City Council of Fort Collins via phone call regarding the relief requested, who
opposes the relief requested herein. Plaintiffs attempted to confer with counsel for Defendant
Solitaire Fort Collins LLC, who Plaintiffs presume oppose the relief requested herein.
2. Pursuant to C.R.C.P. 106(a)(4)(VII), Plaintiffs’ Opening Brief 42 days after the
certification of the record.
3. The record was certified on November 22, 2022.
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4. There was a dispute regarding Defendant Solitaire Fort Collins, LLC’s intervention in
this litigation.
5. The Court granted Defendant Solitaire Fort Collins, LLC’s intervention in this litigation
on December 6, 2022.
6. Pursuant to the date of certification of the record, Plaintiffs’ Opening Brief was due
January 4, 2023.
7. Plaintiffs’ are requesting an extension of time to file their Opening Brief until January 30,
2023.
8. Plaintiffs’ request for an extension of time is justified as Plaintiffs’ counsel experienced a
sudden illness in the family and a separate family emergency, which required Plaintiffs’ counsel
to be out of town through mid-January.
9. Plaintiffs’ counsel’s family emergencies were compounded by the sudden cancellation of
flights, which required Plaintiffs’ counsel to take several extended road trips to be present at the
foregoing.
10. The foregoing circumstances slowed Plaintiffs’ counsel’s ability to timely research, draft
and file the Opening Brief.
11. Plaintiffs are requesting an extension of time to file their Opening Brief pursuant to
C.R.C.P. 6(b)(2), as the foregoing is excusable neglect. See Farmers Ins. Group v. District Court
of Second Judicial Dist., 507 P.2d 865 (Colo. 1973).
12. Plaintiffs’ believe that no party will be prejudiced by the relief requested as no party will
be harmed by the granting of this Motion. Plaintiffs specifically request that the answer deadline
for the Defendants be extended to 35 days after Plaintiffs file their Opening Brief.
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13. It will be inequitable and prejudicial to deprive Plaintiffs of the right to file their Opening
Brief based on the foregoing factors.
WHEREFORE, Plaintiffs respectfully request this Court enter an Order granting
Plaintiffs’ Motion for Enlargement of Time to File Opening Brief, up to and including January
30, 2023.
Dated: January 24, 2023.
Respectfully submitted,
Frascona, Joiner, Goodman and Greenstein, P.C.
/s/ Andrew Pipes
Andrew Pipes, Atty. Reg. No. 53233
4750 Table Mesa Drive
Boulder, Colorado 80305-5500
(303) 494-3000
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on January 24, 2023, a true and correct copy of
the foregoing PLAINTIFFS’ MOTION FOR ENLARGEMENT OF TIME TO FILE OPENING
BRIEF was served via Colorado Courts E-Filing on the parties as listed below:
Attorneys for Defendant
Corey Y. Hoffmann, No. 24920
Katharine J. Vera, No. 53995
Firm: Hoffmann, Parker, Wilson & Carberry, P.C.
511 16th Street, Suite 610
Denver, CO 80202
Phone: (303) 825-6444
E-mail: cyh@hpwclaw.com
kjv@hpwclaw.com
Attorneys for Proposed Intervenors,
Solitaire Homes East, LLC and Solitaire
Homes, LLC
Ballard Spahr LLP
Andrew J. Petrie
Andrew Valencia
1225 17th St., Ste. 2300
Denver, CO 80202
(303) 292-2400
petriea@ballardspahr.com
valenciaa@ballardspahr.com
/s/ Scarlet Ramirez___________
Scarlet Ramirez, Paralegal