HomeMy WebLinkAbout2016CV144 - FARVER V. CITY OF FORT COLLINS - 049 - MOTION FOR ENLARGEMENT OF REPLY BRIEF PAGE LIMITSDISTRICT COURT, LARIMER COUNTY, COLORADO
201 La Porte Ave., Suite 100
Fort Collins, CO 80521
Plaintiff: VIRGINIA FARVER,
v.
Defendants: CITY OF FORT COLLINS, FORT
COLLINS UTILITIES, and DOES 1-100.
COURT USE ONLY
Kimberly B. Schutt, #25947
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
P.O. Box 2166, Fort Collins, CO 80522
Phone Number: (970) 482-4011
E-mail: kschutt@wicklaw.com
FAX Number: (970) 482-8929
John R. Duval, #10185
FORT COLLINS CITY ATTORNEY’S OFFICE
P.O. Box 580
Fort Collins, CO 80522
Phone: (970) 221-6520
Email: jduval@fcgov.com
Case Number: 2016 CV 144
Courtroom: 5B
DEFENDANTS’ UNOPPOSED MOTION FOR
ENLARGEMENT OF PRESUMPTIVE PAGE LIMIT FOR REPLY BRIEF
COMES NOW all of the above-named defendants (“Defendants”), by and through
counsel, Kimberly B. Schutt of Wick & Trautwein, LLC, and John R. Duval of the Fort Collins
City Attorney’s Office, and hereby respectfully submit the following unopposed motion for
enlargement of the presumptive 10-page limit for its Reply Brief submitted herewith:
1. RULE 121 CERTIFICATION: Undersigned counsel hereby advise the Court
that they have consulted with the Plaintiff regarding the relief sought in this motion and they are
authorized to state that she has no objections to the same.
2. Defendants are timely filing today their Reply Brief in support of their Motion for
Summary Judgment. C.R.C.P. 121 § 1-15(1)(a) ordinarily provides for a presumptive limit of 10
pages (but no more than 2,500 words) for reply briefs.
3. As the Court file in this action will reflect, the Court previously granted motions
of both the Defendants and the Plaintiff requesting enlargements of the presumptive page limits,
given the number of issues to be addressed in the parties’ briefs. Accordingly, despite defense
counsel’s efforts to be concise in formulating the Reply Brief, the presumptive limit of ten pages
DATE FILED: February 9, 2017 4:29 PM
FILING ID: 9B5E9BDEA737B
CASE NUMBER: 2016CV144
2
was not sufficient for the Defendants to address all of the arguments raised in the Plaintiff’s 21-
page response brief. The Reply brief timely submitted by the Defendants today is 17 pages, not
inclusive of the signature blocks, certificate of service and attachments.
4. Defendants thus respectfully request the Court grant this unopposed motion to
enlarge the presumptive page limit for Reply Briefs to 17 pages, and accept the Defendants’
Reply Brief as submitted to the Court today.
5. This motion is made in good faith and will not prejudice any party, as reflected in
the Plaintiff’s consent thereto.
WHEREFORE, the Defendants respectfully request the Court to grant the following
relief:
a) to enlarge the presumptive page limit for the Defendants’ Reply Brief in support
of their Motion for Summary Judgment to 17 pages, exclusive of the signature blocks, certificate
of service and attachments;
b) to further accept the Reply Brief as submitted by the Defendants as being compliant
with that enlarged page limit; and
c) for whatever further relief the Court deems just and proper.
DATED this 9th day of February, 2017.
Respectfully submitted,
WICK & TRAUTWEIN, LLC
This document was served electronically pursuant to
C.R.C.P. 121 §1-26. The original pleading signed by
Kimberly B. Schutt is on file at the offices of Wick &
Trautwein, LLC
By: s/Kimberly B. Schutt
Kimberly B. Schutt, #25947
Attorneys for Defendant
And
John R. Duval, #10185
FORT COLLINS CITY ATTORNEY’S OFFICE
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6520
3
CERTIFICATE OF ELECTRONIC SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANTS’ UNOPPOSED MOTION FOR ENLARGEMENT OF PRESUMPTIVE PAGE
LIMIT was SERVED via email this 9th day of February, 2017, on the following:
Via email to vrfarv@hotmail.com
Virginia L. Farver
1214 Belleview Drive
Fort Collins, CO 80526
Pro se Plaintiff
/s/ Jody L. Minch_______________________
[The original certificate of electronic filing signed by Jody L. Minch
is on file with the law offices of Wick & Trautwein, LLC.]