HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 015 - Motion For ExtensionDISTRICT COURT, LARIMER COUNTY,
COLORADO
Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
____________________________________________
Plaintiff:
CHRISTIAN HIGGINS
v.
Defendants:
CITY OF FORT COLLINS;
C&L WATER SOLUTIONS, INC.;
SUNBELT RENTALS, INC.;
KODIAK FIELD SERVICES, LLC; and
BCH SERVICES, LLC
_____________________________________________
Attorneys for Defendant BCH Services, LLC
Attorney: Arthur J. Kutzer, #18878
Address: SGR, LLC
3900 East Mexico Avenue, Suite 700
Denver, CO 80210
Telephone: (303) 320-0509
Facsimile: (303) 320-0210
E-mail: akutzer@sgrllc.com
COURT USE ONLY
_____________________________
Case Number: 2023CV30276
Ctrm/Div: 5A
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO RESPOND TO COMPLAINT
WITHOUT WAIVING jurisdiction, service, venue, or any other defense, Defendant,
BCH SERVICES, LLC, by and through attorneys, SGR, LLC, pursuant to C.R.C.P. 6,
respectfully moves the Court for an order granting an extension of time within which to respond
to the Complaint and as grounds therefore, states as follows:
DATE FILED: May 15, 2023 12:00 PM
FILING ID: AE03C29FD427C
CASE NUMBER: 2023CV30276
1. Certification. Defense counsel has conferred with Plaintiff’s counsel regarding
the extension of time. Plaintiff’s counsel indicated no objection.
2. Undersigned counsel has been retained by an insurer to represent the above-
named Defendant in this action. It is unclear when any file materials will be provided by
Defendant or Defendant’s insurer. Counsel has no contact yet with Defendant. Formal Ethics
Opinion 128 indicates that if a defendant cannot be contacted by counsel in time, a motion for
extension of time should be requested when reasonable, prior to forming a response that could
prejudice a defendant’s interests.
3. Counsel will attempt to make contact with Defendant but it is unknown when
counsel will be able to confer with Defendant. In an abundance of caution and to avoid
successive motions for extension of time, Defendant respectfully requests an extension of time
within which to respond to the Complaint through and including June 2, 2023. Plaintiff has been
advised that Defendant’s Answer will be promptly filed as soon as counsel has an opportunity to
reach Defendant.
WHEREFORE, Defendant respectfully requests that the Court issue an Order granting an
extension of time through and including June 2, 2023, within which to file a response to the
Complaint.
Respectfully submitted,
SGR, LLC
By: /s/ Arthur J. Kutzer
Arthur J. Kutzer, #18878
Attorneys for Defendant
BCH Services, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15th day of May, 2023, a true and correct copy of the
above and foregoing was electronically filed and served via Colorado Courts E-Filing system to:
Karl W. Hager
VanMeveren Law Group, P.C.
123 N. College Avenue, Suite 112
Fort Collins, CO 80524
Attorneys for Plaintiff
/s/ Tammy Stephenson
Legal Secretary