HomeMy WebLinkAbout2017CA1103 - APPEAL - FTN - FORT COLLINS V. CITY OF FORT COLLINS, ET AL - 007 - CITY'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEFIN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
FREE THE NIPPLE – FORT COLLINS, )
BRITTIANY HOAGLAND, and )
SAMANTHA SIX, )
Plaintiffs-Appellees, )
)
v. ) Case No. 17-1103
)
CITY OF FORT COLLINS, COLORADO )
)
Defendants-Appellants. )
__________________________________________________________________
DEFENDANT’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE OPENING BRIEF
__________________________________________________________________
Defendant-Appellant City of Fort Collins, Colorado, by its attorneys,
Andrew D. Ringel, Esq., Gillian Dale, Esq., and Christina S. Gunn, Esq. of Hall &
Evans, LLC, and Carrie Mineart Daggett, Esq., and John R. Duval, Esq., of the
Fort Collins City Attorney’s Office, hereby move for a two-week extension of time
to file their Opening Brief in this matter, as follows:
1. Certificate of Compliance with 10th Cir. R. 27.4(B)(2): The
undersigned counsel contacted counsel for Plaintiffs, Andrew McNulty, with
respect to this Motion, who indicated that Plaintiffs do not oppose the relief
requested.
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2. Defendant’s Opening Brief on appeal is presently due to be filed on
July 5, 2016.
3. Defendant has not sought any prior extensions of the deadline for its
Opening Brief.
4. The undersigned counsel has been occupied during the time since the
filing of the Notice of Appeal with a multitude of other tasks, including without
limitation settlement negotiations and a settlement conference in Mulgeta v. ISS
Facility Services, U.S.D.C. Civil Action No. 16-cv-02515-PAB-MEH; discovery
responses and a multitude of depositions in McCully v. El Paso County, U.S.D.C.
Civil Action No. 16-cv-00867-WJM-MEH; an answer and partial motion to
dismiss in Ihde v. Generational Equity, LLC, U.S.D.C. Civil Action No. 17-cv-
00847-RM-NYW; depositions and discovery pleadings in Trujillo v. City and
County of Denver, U.S.D.C. Civil Action No. 16-cv-01747-WJM-MJW; discovery
responses and depositions in Townsend v. Adams 12 Five Star Schools, U.S.D.C.
Civil Action No. 16-cv-02354-PAB-MEH; an answer brief in Renfandt v. New
York Life Insurance Co., Colorado Supreme Court Case No. 2017SA64; case
investigation and witness interviews in Brabec v. Tom Calabrese Trucking, Inc.,
Denver County District Court Case No. 2017CV030389; discovery pleadings and
depositions in Curran v. AcuStream, Boulder County District Court Case No.
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2016cv031050; and oral argument in Cantrell v. Gdowski, Colorado Court of
Appeals Case No. 2016CA893. In addition, the undersigned counsel was out of the
country for a week, and another of Defendant’s attorneys was out of the office on
maternity leave.
5. As a result of these tasks, Defendants will be unable to prepare their
Opening Brief by the current due date even with the exercise of due diligence. The
Opening Brief will address important issues of constitutional law under the equal
protection provision of the Fourteenth Amendment to the United States
Constitution, and additional time is needed to ensure that the Opening Brief will be
thorough and accurate.
6. While other attorneys are entered in this matter, the undersigned
counsel was the principal author of the briefing on the Motion to Dismiss in the
District Court below and, as a matter of efficiency, will be the preparing the initial
draft of the Opening Brief.
WHEREFORE, Defendant City of Fort Collins, Colorado, respectfully
requests a two-week extension of time, up to and including July 19, 2017, to file its
Opening Brief on appeal.
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CERTIFICATE OF DIGITAL SUBMISSION
I hereby certify that with respect to the foregoing motion:
1. all required privacy redactions have been made;
2. if required to file additional hard copies, that the ECF submission is
an exact copy of those documents;
3. the digital submissions have been scanned for viruses with the most
recent version of a commercial virus scanning program,
Malwarebytes, and according to the program are free of viruses.
Respectfully submitted this 28th day of June, 2017.
s/Gillian Dale
Andrew D. Ringel, Esq.
Gillian Dale, Esq.
Christina S. Gunn, Esq.
HALL & EVANS, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202-2052
Phone: 303-628-3300
Fax: 303-628-3368
ringela@hallevans.com
daleg@hallevans.com
gunnc@hallevans.com
ATTORNEYS FOR DEFENDANT-
APPELLANT CITY OF FORT
COLLINS, COLORADO
Appellate Case: 17-1103 Document: 01019832724 Date Filed: 06/28/2017 Page: 4
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 28th day of June, 2017, I electronically
filed the foregoing DEFENDANT’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE OPENING BRIEF using the CM/ECF
system which will send notification of such filing to the following e-mail address:
David A. Lane, Esq.
Andrew McNulty, Esq.
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, #400
Denver, CO 80202
dlane@kln-law.com
amcnulty@kln-law.com
s/Denise Gutierrez, Secretary to
Gillian Dale, Esq.
HALL & EVANS, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202-2052
Phone: (303) 628-3300
Fax: (303) 628-3368
daleg@hallevans.com
ATTORNEYS FOR DEFENDANTS-
APPELLANTS
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