HomeMy WebLinkAbout2016CV00966 - ARAUJO & GONZALES V. CITY OF FORT COLLINS, ET AL - 021 - DEFENDANTS' UNOPPOSED MOTION FOR FIVE-DAY EXTENSION OF TIMEIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-cv-00966-CBS
KENNYBERG ARAUJO, and
FRANCIS GONZLES,
Plaintiffs,
v.
THE CITY OF FORT COLLINS, Colorado, a home rule municipality;
DONALD VAGGE, former Deputy Chief of Police, in his individual and official capacities, and
GARY SHAKLEE, Police Sergeant, in his individual and official capacities;
Defendants.
DEFENDANTS’ UNOPPOSED MOTION FOR FIVE-DAY EXTENSION OF TIME
Defendants, The City of Fort Collins (“Fort Collins”), Donald Vagge, and Gary Shaklee,
by and through their respective undersigned counsel, pursuant to D.C. COLO. LCivR 6.1, hereby
request a five-day extension of time to respond to Plaintiffs’ First Amended Complaint and
Demand for Jury Trial (“Amended Complaint”) from September 21, 2016 to and including
September 26, 2016. As grounds, Defendants state:
CERTIFICATE OF COMPLIANCE WITH D.C. COLO. LCivR 7.1
Laura B. Wolf, counsel for Plaintiffs, states that the Plaintiffs have no objection to the
relief requested herein.
1. Yesterday, September 7, 2016, the Plaintiffs filed an Amended Complaint that is
46 pages in length, with 340 paragraphs of allegations (262 more than the original Complaint).
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2. Under F.R.C.P. 15(a)(3), Defendants’ responsive pleading is due September 21, 2016.
3. Lead counsel for Fort Collins, Cathy Havener Greer, is presently out of the country,
returning September 14, 2016.
4. In light of the extensive new allegations in the Amended Complaint, all defense
counsel need additional time to discuss the issues raised with their clients, conduct
necessary interviews, and review pertinent documents and file materials, in order to
fully and accurately respond. This need is particularly acute for Fort Collins, due to
Ms. Greer’s travel schedule, as well as several depositions and other pre-scheduled
pressing matters during the week after her return.
5. A brief extension from September 21 to September 26 will not prejudice any party or
negatively impact the Court. Indeed, September 26, 2016 is also the deadline for the
parties to file a proposed Scheduling Order, so the proposed extension will have the
effect of consolidating that deadline with the responsive pleading deadline, while still
ensuring that responsive pleadings have been filed before the Scheduling Conference
set for October 3, 2016.
6. No previous extensions of time have been sought in this matter.
7. Pursuant to D.C. COLO. LCivR 6.1 (c), a copy of this Motion has been served upon
all Defendants by their respective counsel.
WHEREFORE, Defendants Fort Collins, Donald Vagge, and Gary Shaklee respectfully
request that this Court grant their motion for an extension of time to and including September 26,
2016 in which to respond to Plaintiffs’ Amended Complaint.
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Dated this 8TH day of September, 2016.
Respectfully submitted,
S/ Brendan L. Loy
__________________________________
Cathy Havener Greer
Brendan L. Loy
WELLS, ANDERSON & RACE, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
S/ Marni Nathan Kloster
__________________________________
J. Andrew Nathan
Marni Nathan Kloster
Nicholas C. Poppe
NATHAN DUMM & MAYER P.C.
7900 E. Union Avenue, Suite 600
Denver, CO 80237-2776
ATTORNEYS FOR DEFENDANT
GARY SHAKLEE
S/ David R. DeMuro
__________________________________
David R. DeMuro
VAUGHAN & DEMURO
720 South Colorado Boulevard
North Tower, Penthouse
Denver, CO 80246
ATTORNEYS FOR DEFENDANT
DONALD VAGGE
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 8, 2016, a true and correct copy of
the above and foregoing DEFENDANTS’ UNOPPOSED MOTION FOR FIVE-DAY
EXTENSION OF TIME was electronically filed with the Clerk of Court using the CM/ECF
system, which will send notification of such filing to the following email addresses:
Laura B. Wolf
Rathod | Mohamedbhai LLC
2701 Lawrence Street, Suite 100
Denver, CO 80202
Email: lw@rmlawyers.com
Attorneys for Plaintiffs
J. Andrew Nathan, Esq.
Marni Nathan Kloster, Esq.
Nicholas C. Poppe, Esq.
NATHAN DUMM & MAYER P.C.
7900 E. Union Avenue, Suite 600
Denver, CO 80237-2776
Attorneys for Defendants Gary Shaklee
David R. DeMuro, Esq.
Vaughan & DeMuro
720 South Colorado Boulevard
North Tower, Penthouse
Denver, CO 80246
Email: ddemuro@vaughandemuro.com
Attorneys for Defendant Donald Vagge
S/ Barbara McCall
__________________________________
Barbara McCall
Email: bmccall@warllc.com
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