HomeMy WebLinkAbout2019-cv-901 - Surat V. City Of Fort Collins, Et Al. - 198 - Unopp Mot Extension Re Mots In Limine
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:19-cv-00901-WJM-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
CITY OF FORT COLLINS, a municipality,
Defendant.
____________________________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS IN LIMINE
____________________________________________________________________________________
Plaintiff, by and through their undersigned counsel of record, hereby moves for an
unopposed extension of time to submit her Motion in Limine and states as follows:
CONFERRAL STATEMENT PURSUANT TO D.C. Colo. L. Civ. R. 7.1
Counsel for Plaintiff certifies that they conferred with Mark Ratner, counsel for
Defendants, who indicated that Defendants do not oppose the relief requested herein so long as
the extension is reciprocal.
CERTIFICATION PURSUANT TO D.C. Colo. L. Civ. R. 6.1(c)
Counsel for Plaintiff certifies that this motion has been served contemporaneously on
their client, Michaella Surat, upon the filing of this motion.
1. On September 11, 2023, this Court held a status conference to address Plaintiff’s
Motion to Continue [ECF No. 194].
2. This Court reset the 4-day jury trial for May 13, 2024 – May 16, 2024.
Case No. 1:19-cv-00901-WJM-NRN Document 198 filed 10/05/23 USDC Colorado pg 1 of 4
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3. The deadline for the parties to file a Motion in Limine was set for October 6,
2023. The deadline for responses was set for October 20, 2023. The deadline for replies was set
for October 27, 2023.
4. Plaintiff respectfully requests a two-week extension of time, up to and including
October 20, 2023, to file a Motion in Limine.
5. Plaintiff also respectfully requests that the deadline for responses be extended up
to and including November 3, 2023, and the deadline for replies to be extended up to and
including November 10, 2023.
6. Good cause exists to grant this extension of time.
7. In addition to the normal press of business, counsel for Plaintiff, Andrew
McNulty, announced his departure from Killmer, Lane & Newman LLP in the interim between
the September 11 status conference and the October 6 deadline for Motions in Limine. Madison
Lips, another associate at Killmer, Lane & Newman LLP, was brought on as an additional
attorney for Plaintiff after Mr. McNulty’s announcement and entered her appearance on October
5, 2023. Although Ms. Lips is diligently working to get caught up in this case, this has taken a
significant amount of time due to the years of litigation prior to this point.
8. In addition to the normal press of business, lead counsel for Plaintiff, David A.
Lane, has been out of state teaching a course at the University of Hawaii Law School during the
week of October 2, 2023. This engagement has taken a significant amount of his time this week
and has prevented him from being able to assist Ms. Lips in drafting Plaintiff’s Motion in
Limine.
Case No. 1:19-cv-00901-WJM-NRN Document 198 filed 10/05/23 USDC Colorado pg 2 of 4
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her motion
for extension of time and provide that Plaintiff will have up to, and including, October 20, 2023
to file a Motion in Limine, up to and including November 3, 2023 for responses and up to and
including November 10, 2023 for responses, and for such other and further relief as the Court
deems just and proper.
Respectfully submitted this 5th day of October 2023.
KILLMER, LANE & NEWMAN, LLP
s/ Madison Lips _______
David Lane
Madison Lips
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
mlips@kln-law.com
Counsel for Plaintiff
Case No. 1:19-cv-00901-WJM-NRN Document 198 filed 10/05/23 USDC Colorado pg 3 of 4
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CERTIFICATE OF SERVICE
I certify that pursuant to Section II.D.2.b. of Hon. William J. Martinez’s Practice Standards a
true and correct copy of the above and foregoing was contemporaneously served via email on
Plaintiff Michaella Surat.
s/ Jamie Akard
Jamie Akard
I certify that pursuant to Section II.D.2.b. of Hon. William J. Martinez’s Practice Standards a
true and correct copy of the above and foregoing was contemporaneously served via email on
Defendant Fort Collins.
Case No. 1:19-cv-00901-WJM-NRN Document 198 filed 10/05/23 USDC Colorado pg 4 of 4