HomeMy WebLinkAbout2023CV30659 - East Larimer County Water Dist. Et Al V. K & M Co., Et Al. - 009 - K&M Motion Extension1
DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
970-494-3500
▲COURT USE ONLY▲
Petitioners: EAST LARIMER COUNTY WATER
DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado; and
NORTH WELD COUNTY WATER DISTRICT, a
quasi-municipal corporation and political subdivision
of the State of Colorado
v.
Respondents: K & M COMPANY, LLLP, a Colorado
limited liability limited partnership; BOXELDER
SANITATION DISTRICT; THE CITY OF FORT
COLLINS, a municipal corporation; ANADARKO
E&P ONSHORE LLC, a Delaware limited liability
company; ANADARKO LAND CORP., a Nebraska
corporation; POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC., a Colorado cooperative
association; and IRENE JOSEY in her official
capacity as the COUNTY TREASURER OF
LARIMER COUNTY, COLORADO
Attorneys for K & M Company, LLLP
Carrie S. Bernstein, Atty Reg. #34966
Joshua T. Mangiagli, Atty Reg. #52375
ALDERMAN BERNSTEIN LLC
101 University Blvd., Suite 350
Denver, Colorado 80206
Phone: 720-460-4200
e-mail:csb@ablawcolorado.com; jtm@ablawcolorado.com
Case Number: 23CV30659
Division: 3B
RESPONDENT-LANDOWNER’S UNOPPOSED MOTION
FOR EXTENSION TO FILE ANSWER
Respondent K&M Company, LLLP (“Respondent-Landowner”), by and through its
counsel, Alderman Bernstein LLC, hereby requests an extension of time to answer Petitioners’
Petition in Condemnation (“Petition”), and in support thereof, states as follows:
C.R.C.P. 121 (c) § 1-15(8) Certification: Undersigned counsel conferred with counsel for
Petitioners concerning the relief requested in this Motion and is authorized to state that Petitioners
do not object to the requested extension.
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1. On August 21, 2023, Petitioners served their Petition on Respondent-Landowner.
2. Respondent-Landowner’s Answer is due September 11, 2023. See C.R.C.P.
12(a)(1).
3. Respondent-Landowner requests an extension to file its Answer until September
15, 2023.
4. Granting Respondent-Landowner’ request for an extension is reasonable under the
circumstances. Respondent-Landowner is in the process of acquiring Petitioners’ Service Plans,
which are essential for Respondent-Landowner to provide a comprehensive response. Importantly,
Fort Collins’ answer deadline is also set for September 15, ensuring that a brief extension will not
unduly postpone or interfere with this matter.
WHEREFORE, Respondent-Landowner respectfully requests the Court to enter an Order
(proposed Order submitted herewith) granting an extension of time until and including September
15, 2023, in which to file Respondent-Landowner’s Answer.
Respectfully submitted,
ALDERMAN BERNSTEIN LLC
This document is e-filed per C.R.C.P. 121, section 1-
26. A duly signed copy is on file at the offices of
Alderman Bernstein LLC
/S/ Joshua T. Mangiagli _____________________
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CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of September 2023, a true and correct copy of the
foregoing was filed and served via ICCES or placed in the United States Mail, first class, postage
prepaid, addressed to the following:
Timothy L. Goddard
Goddard Law Office, PLLC
210 East 29th Street
Loveland, CO 80538
Attorney for Petitioner
Ryan Malarky
Fort Collins City Attorney’s Office
300 Laporte Avenue
PO Box 500
Fort Collins, Colorado 80522
Attorneys for City of Fort Collins
Frank N. Haug
Larimer County Attorney’s Office
224 Canyon Ave., Suite 200
Post Office Box 1606
Fort Collins, Colorado 80522
Attorney for Irene Josey, Treasurer of Larimer County
Michael A. Westbrook
Starr & Westbrook, P.C.
210 East 29th Street
Loveland, CO 80538
Attorney for Poudre Valley Rural Electric Association, Inc.
_______/s/__________________________
Cindy Bolton