The URL can be used to link to this page

Home My WebLink About2023-1112 - Perry V. State Of Colorado, Et Al. - 03 - Motion Extension File Opening Brief1 Mark Ratner, #38517 (CO) Allison R. Ailer, #33008 (CO) Katherine Hoffman, #56067 (CO) Ralph L. Carr Judicial Center HALL & EVANS, LLC 1300 Broadway, 10th Floor 1001 Seventeenth Street, Suite 300 Denver, CO 80203 Denver, Colorado 80202 (720) 508-6617 303-628-3300 Allison.ailer@coag.gov ratnerm@hallevans.com hoffmank@hallevans.com IN THE TENTH CIRCUIT COURT OF APPEALS ROBERT-LAWRENCE: PERRY, Plaintiff-Appellant, v. Each 'STATE OF COLORADO' Individual employee, executive officer, and/or administrative official acting personally, individually, and/or in combination namely, Alita King, Thomas Lynch, and Daniel McDonald, and each 'doe' administrator, agent, and/or executive, and Steven Vasconcellos, and 'doe' judicial administrators; AND, The 'CITY OF FORT COLLINS', et. al., including each Individual administrative official, agent, employee and or executive officer, acting personally, individually, and or together, including each individual member of the city council and Mayor, the City Attorney, the City Manager, Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 1 2 Darin Atteberry, Ross Cunniff, Gerry Horak, Ray Martinez, Kristin Stephens, Ken Summers, Wade Troxell, including 'doe' agents, administrators, executives, officers and / or each 'doe' appointee administrator, agent, police officer, official, and 'City' employees, namely, Brandi Lynn Neito, Dan Callahan, Jill Hueser, and Ryan Westlind; AND, CSU BOARD OF GOVERNORS, for 'CSU', and each individual member of the 'CSU Board of Governors', for 'COLORADO STATE UNIVERSITY' and each 'doe' and or named administrators, agents, employees or officials acting personally, individually, and or together, namely, Scott Harris, Jeff Goetz, Jesse Ihnen, Michael Lohman, Phil Morris, Derek Smith, Lynn Johnson, Mark Gill, and Nic Olsen, and each heir appointee and/or official; each Individual Jointly and Severally Liable as Co- Defendants. Defendant-Appellee. DEFENDANTS/APPELLEES’ JOINT OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 2 3 Defendant/Appellee City of Fort Collins (“City”), by and through its attorneys, Hall & Evans, LLC, and Defendants/Appellees Steven Vasconcellos and the CSU Board of Governors (“State Defendants”), by and through their attorneys, Colorado Attorney General’s Office (collectively, “Appellees”), hereby jointly move the Court pursuant to Fed. R. App. P. 26 and 27, and 10th Cir. R. 27 for an extension of 30 days, or until July 31, 2023, to file Appellees’ briefs. As grounds therefore, Appellees state: 1) Counsellors for Appellees conferred with Appellant on June 9, 2023 regarding the relief requested herein and learned that Appellant opposes this motion. 2) Appellant filed his opening brief on May 30, 2023. 3) Pursuant to Fed. R. App. 31, and the Minute Order issued by this Court on May 30, 2023, Appellees’ briefs are due on June 29, 2023. 4) Undersigned counsellors now jointly request a brief thirty (30) day extension of this deadline, until and including July 31, 2023. 5) As reason therefore, Appellees need more time to review, analyze, and respond to the numerous issues raised in Appellant’s opening brief. Significantly, Appellant’s opening brief is 47-pages long. Appellant appeals the Recommendation of the U.S. Magistrate Judge and the District Court’s Order adopting this Recommendation on over ten (10) grounds. [Appellant’s Opening Brief, pp. 8-9]. Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 3 4 Each of these grounds must be individually addressed by the Appellees in their respective briefs. 6) Specifically, the Appellee City must address the constitutionality of its trespass and camping ordinances under the Fourth Amendment, Fifth Amendment, Eighth Amendment, Fourteenth Amendment Equal Protection Clause, and Fourteenth Amendment Due Process Clause. Appellant mounted as-applied, procedural, and substantive challenges to the City’s ordinances through his due process claim. Additionally, the City must address Plaintiff’s 42 U.S.C. §§ 1985 and 1986 claims. 7) Undersigned counsel for the Appellee City has a number of preexisting commitments in other cases, and, as a result, counsel is unable to complete the City’s brief by June 29, 2023, even while exercising due diligence. Specifically, undersigned counsel must draft and file an Answer to Plaintiff’s Amended Complaint in Kilcullen v. Juniper Applewood, LLC et al., Jefferson County District Court, Consolidated Case Nos. 22C1223 and 22CV216, which is due on June 14, 2023. Counsel must also prepare and take a deposition of plaintiff on June 21, 2023 in Townley et al. v. City of Fort Collins et al., District of Colorado, Civil Action No. 1:22-CV-01983-SKC. Additionally, counsel must prepare and attend a mediation in a pending OSHA whistleblower investigation on June 23, 2023. Counsel must also prepare and defend Fed. R. Civ. P. 30(b)(6) designees in three 30(b)(6) depositions Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 4 5 to be conducted before an already extended discovery cut-off date of July 7, 2023 in Mohamed v. SHRM, District of Colorado, Civil Action No. 1:22-cv-01625-GPG- SKC. 8) The Appellees State Defendants have similar litigation demands. They are preparing for multiple depositions in Ransaw v. State of Colorado, 1:20-cv-03584- NYW, conducting client and witness interviews in Snedeker v. State of Colorado, 1:23-cv-00178-CNS-MEH, preparing a motion to dismiss in that case, as well as preparing briefing in multiple other cases. Additionally, counsel for the State Defendants will be on a long-planned vacation. Due to state employee security rules related to technology, she is unable to take work with her. As a result, counsel is unable to complete the State Defendant’s brief by June 29, 2023, even while exercising due diligence. 9) This short extension of time will cause Appellant no prejudice. 10) This is the first extension of time Appellees have requested, and Appellees requests only a brief extension of time—thirty (30) days. Wherefore Defendant/Appellee City of Fort Collins and Defendants/Appellees Steven Vasconcellos and the CSU Board of Governors jointly request that the Court enter an order allowing them an extension of 30 days or until July 31, 2023, to file the Appellees’ briefs. Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 5 6 Respectfully Submitted, /s/Katherine N. Hoffman Katherine N. Hoffman, Esq. HALL & EVANS, LLC 1001 Seventeenth Street, Suite 300 Denver, Colorado 80202 303-628-3300 hoffmank@hallevans.com Attorneys for Defendant-Appellee City of Fort Collins /s/Allison R. Ailer Allison R. Ailer, Esq. Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver, CO 80203 Attorneys for Board of Governors of the CSU System and Steven Vasconcellos Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 6 7 CERTIFICATE OF SERVICE I hereby certify that on June 13, 2023, I electronically filed the foregoing Defendants/Appellees’ Joint Opposed Motion for Extension of Time to File Appellees’ Briefs with the Clerk of this Court using the appellate CM/ECF system and was sent via email to Appellant at the below address: Robert Lawrence Perry fort_scout@yahoo.com Pro se Plaintiff Allison R. Ailer, #33008 Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver, CO 80203 Attorneys for The State of Colorado; Board of Governors of the CSU System, acting and on behalf of CSU; Colorado State University; and Steven Vasconcellos June 13, 2023 /s/Katherine Hoffman Katherine N. Hoffman Counsel for Appellee City of Fort Collins Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 7 8 CERTIFICATE OF COMPLIANCE I hereby certify that the foregoing motion complies with the requirements of Fed. R. App. P. 27 because it has been prepared in 14-point Times New Roman, a proportionally spaced font. I further certify that this motion complies with the type- volume limitation of Fed. R. App. P. 27 because it contains 634 words according to the count of Microsoft Word. June 13, 2023 /s/Katherine Hoffman Katherine Hoffman Counsel for Appellee City of Fort Collins Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 8 9 CERTIFICATE OF DIGITAL SUBMISSION Pursuant to this Court’s CM/ECF User’s Manual, I hereby certify that: (i) all required privacy redactions have been made, per 10th Cir. R. 25.5; (ii) if required to file additional hard copies, the ECF submission is an exact copy of those documents; and (iii) the ECF submission was scanned for viruses with the most recent version of Windows Defender Antivirus using the most recent security definitions and, according to that program, is free of viruses. June 13, 2023 /s/Katherine Hoffman Katherine Hoffman Counsel for Appellee City of Fort Collins Appellate Case: 23-1112 Document: 010110872807 Date Filed: 06/13/2023 Page: 9