HomeMy WebLinkAbout2023-cv-2187 - Kulas V. City Of Fort Collins, Et Al. - 025 - Dfs' Unopp Mot Extension Resp ComplIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-CV-02187-CNS-KAS
Andru Kulas,
Plaintiffs.
v.
City of Fort Collins,
Kevin Park, Fort Collins Police Officer, in his individual capacity, and
Avery Hanzlicek, Fort Collins Police Officer, in his individual capacity,
Defendants.
DEFENDANTS’ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO
ANSWER OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND JURY
DEMAND
Defendants, City of Fort Collins, Kevin Park and Avery Hanzlicek by and through
their undersigned counsel, Hall & Evans, LLC, hereby submit the following as their
Second Unopposed Motion for Extension of Time to Respond to Plaintiff’s Complaint and
Jury Demand:
CERTIFICATE OF CONFERRAL
Counsel for Defendants conferred with Plaintiff’s Counsel, Sarah Schielke, Esq.
prior to filing this motion. Plaintiff does not oppose the relief requested herein.
STATEMENT PURSUANT TO D.C.Colo.LCivR 6.1(b) & (c)
Defendants are seeking an additional 7-days for the filing of a response to
Plaintiff’s Complaint and Jury Demand. Additionally, a copy of this Motion has been
provided to undersigned Counsel’s clients.
Case No. 1:23-cv-02187-CNS-KAS Document 25 filed 11/30/23 USDC Colorado pg 1 of 4
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1. According to the allegations contained in Plaintiff’s Complaint and Jury
Demand, Plaintiff claims Defendants violated his constitutional rights under the Fourth,
Fourteenth and First Amendments, arising from his arrest on August 29, 2021.
2. Plaintiff filed the Complaint on or about August 27, 2023.
3. Defendants waived service of the Complaint, on September 19, 2023.
Therefore, a response to the Complaint was due by November 20, 2023.
4. On November 20, 2023, the Court granted an extension up to and including
December 4, 2023 for Defendants to file their response to Plaintiff’s Complaint.
5. Counsel for Defendant requires additional time to properly evaluate the
allegations in Plaintiff’s Complaint, in order to develop an appropriate response.
6. Given the time required to develop a proper response and due to the
Thanksgiving holiday, Defendant respectfully requests a 7-day extension of time, up to
and including December 11, 2023, to file said response.
7. No Party will be prejudiced by this brief extension of time, as a scheduling
order setting forth discovery dates, has already been entered in this matter. (See ECF
20). Additionally, this matter has already been set for a Final Pretrial Conference (See
ECF 21).
WHEREFORE, Defendants, City of Fort Collins, Kevin Park and Avery Hanzlicek,
respectfully requests that the Court extend the deadline for the filing of a response to
Plaintiff’s Complaint and Jury Demand up to and including December 11, 2023.
Case No. 1:23-cv-02187-CNS-KAS Document 25 filed 11/30/23 USDC Colorado pg 2 of 4
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Respectfully submitted this 30th day of November 2023.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 30th day of November 2023, a true and correct copy of
the foregoing DEFENDANTS’ SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND
JURY DEMAND was filed with the Court via CM/ECF and served on the below-listed
party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Matthew Haltzman, Esq.
matthew@haltzmanlaw.com
Kevin Park
Via email
Avery Hanzlicek
Via email
City of Fort Collins
Via email
s/ Sarah Stefanick
Case No. 1:23-cv-02187-CNS-KAS Document 25 filed 11/30/23 USDC Colorado pg 3 of 4
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Case No. 1:23-cv-02187-CNS-KAS Document 25 filed 11/30/23 USDC Colorado pg 4 of 4