HomeMy WebLinkAbout2022-cv-1983-SKC - Townley V. Fort Collins, Et Al - 060 - Mot Extension File Mot Compel And ResponseIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.1:22-cv-01983-SKC
MICHAEL PIPER TOWNLEY,ANNA KRUGER,and JOSHUA DeLEON;
Plaintiffs,
v.
BRIAN MALLORY,in his individual capacity;
ETHAN VANSICKLE,in his individual capacity;
DANIEL NETZEL,in his individual capacity;
JARED ROBERTSON,in his individual capacity;
JOE SCHILZ,in his individual capacity;
JASON HAFERMAN,in his individual capacity;
CHRISTOPHER YOUNG,in his individual capacity.
Defendants.
JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTION TO COMPEL AND
RESPONSE
Plaintiffs and the City of Fort Collins,by and through undersigned counsel,respectfully
move this Court to extend the deadline for Plaintiffs to submit their Motion to Compel and in
support thereof,provide as follows:
CERTIFICATE OF D.C.COLO.LCivR 7.1 CONFERAL
Counsel for Plaintiffs conferred with counsel for City of Fort Collins on this request.Fort
Collins does not oppose the relief requested herein.
Case No. 1:22-cv-01983-SKC Document 60 filed 10/13/23 USDC Colorado pg 1 of 4
1.On September 7,2023,counsel for Plaintiffs and counsel for Defendants,serving
as Counsel for Non-Party City of Fort Collins,conducted a joint discovery call
with this Court’s chambers pursuant to this Court’s Practice Standards.
2.On September 7,2023,Plaintiffs provided an email to explain the discovery
dispute arising from a subpoena served on the City of Fort Collins.
3.On September 15,2023,counsel for the City of Fort Collins provided a response.
4.On September 22,2023,this Court issued a minute order directing Plaintiffs to
file a motion to compel on or before October 6,2023.City of Fort Collins was to
respond within 14 days of such filing.ECF No.53.
5.On October 6,2023,Plaintiffs filed an unopposed motion for an extension of time
to file a motion to compel,which the Court granted the same day.ECF Nos.58 &
59.
6.Over the past week,counsel for Plaintiffs and the City of Fort Collins have been
working diligently to resolve most,if not all of,of the remaining issues.
Discussions have been cordial and productive.
7.The City of Fort Collins is currently searching for documents which would be
responsive to certain requests which will inform counsel whether a motion to
compel is necessary.
8.Continued progress by the parties will conserve Court resources and either
entirely eliminate the need for briefing on a motion to compel or greatly reduce
the burden on this Court.
Case No. 1:22-cv-01983-SKC Document 60 filed 10/13/23 USDC Colorado pg 2 of 4
9.Accordingly,Plaintiffs and the City of Fort Collins make this joint motion seeking
one additional week in which to file a motion to compel so that ongoing efforts to
address this dispute may be resolved.
WHEREFORE,Plaintiffs and the City of Fort Collins respectfully request that this Court
enter an order extending the deadline to file a Motion to Compel on the outstanding discovery
dispute until October 20,2023 so that Plaintiffs and the City of Fort Collins may continue to
work together to narrow or resolve all outstanding issues.
Respectfully submitted this 13th day of October 2023.
/s/Mark Ratner
Mark Scott Ratner
Katherine Hoffman
Hall &Evans LLC
1001 Seventeenth Street,Suite 300
Denver,CO 80202
303-628-3300
ratnerm@hallevans.com
hoffmank@hallevans.com
ATTORNEYS FOR CITY OF FORT COLLINS
/s/Edward Milo Schwab
Edward Milo Schwab,#47897
Ascend Counsel,LLC
2401 S Downing Street Street
Denver,CO 80210
(303)888-4407
milo@ascendcounsel.co
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of October 2023,a true and correct copy of the
foregoing JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTION TO
COMPEL AND RESPONSE,was served on the following via CM/ECF and email as follows:
Mark Scott Ratner
Case No. 1:22-cv-01983-SKC Document 60 filed 10/13/23 USDC Colorado pg 3 of 4
Katherine Hoffman
Hall &Evans LLC
1001 Seventeenth Street,Suite 300
Denver,CO 80202
303-628-3300
ratnerm@hallevans.com
hoffmank@hallevans.com
ATTORNEYS FOR CITY OF FORT COLLINS and DEFENDANTS BRIAN MALLORY,
ETHAN VANSICKLE,DANIEL NETZEL,JARED ROBERTSON,JOE SCHILZ,AND
CHRISTOPHER YOUNG
Jonathan Marshall Abramson
Yulia Nikolaevskaya
Kissinger &Fellman,P.C.
3773 Cherry Creek North Drive
Ptarmigan Place,Suite 900
Denver,CO 80209
303-320-6100
jonathan@kandf.com
julie@kandf.com
ATTORNEYS FOR JASON HAFERMAN
/s/Edward Milo Schwab
CERTIFICATE OF SERVICE ON CLIENTS
I hereby certify that on this 13th day of October 2023,a true and correct copy of the
foregoing JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTION TO
COMPEL AND RESPONSE on Plaintiffs Michael Piper Townley,Anna Kruger,And Joshua
Deleon via email.
/s/Edward Milo Schwab
Case No. 1:22-cv-01983-SKC Document 60 filed 10/13/23 USDC Colorado pg 4 of 4