HomeMy WebLinkAbout2017CA1103 - APPEAL - FTN - FORT COLLINS V. CITY OF FORT COLLINS, ET AL - 013 - APPELLEES' MOTION FOR EXTENSION TO FILE RESPONSE BRIEF1
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
PLAINTIFFS-APPELLEES’ MOTION FOR EXTENSION
TO FILE RESPONSE BRIEF
FREE THE NIPPLE, et al.
Plaintiffs – Appellees,
v.
CITY OF FORT COLLINS,
Defendant – Appellant.
Case No. 17-1103
Plaintiffs-Appellees, by and through their attorneys of Killmer, Lane &
Newman, LLP, respectfully request an extension of time of 14-days, up to and
including, September 11, 2017, to file their Response Brief in this matter. In
support thereof Plaintiffs-Appellees state as follows:
1. The Response Brief is presently due on August 28, 2017.
2. Certification of Compliance with 10th Cir. R. 27.5(B)(2):
Undersigned counsel has conferred with counsel for Defendant-
Appellant, Andrew Ringel, who states that Defendant does not oppose
the relief requested herein.
3. No prior motions to extend the time to file the Response Brief have
been filed.
Appellate Case: 17-1103 Document: 01019860028 Date Filed: 08/23/2017 Page: 1
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4. For the following reasons, it will not be possible for the undersigned
to file the Response Brief by the August 28, 2017 deadline.
5. In addition to the usual press of business, Plaintiffs-Appellees’
counsel David A. Lane was out of town the week of July 24, 2017, and Plaintiff-
Appellees’ counsel Andy McNulty drafted and submitted preliminary injunction
briefing Arizona Association for Criminal Justice v. Mark Brnovich, No. 2:17-cv-
01422-SPL, was in all-day depositions on August 7, 2017 and August 22, 2017,
drafted summary judgment briefing in Lyall v. City and County of Denver, No.
1:16-cv-2155-WJM-CBS, and is arbitrating a case in front of Judge Sandy Brooke
at the Judicial Arbiter Group on August 29th and 30th.
6. Additionally, Plaintiffs-Appellees’ counsel David A. Lane was out of
the country in relation to a death penalty trial the week of August 14, 2017, and
will be taking multiple all-day depositions, including one on August 23, 2017 and
one every day of the week of August 28, 2017.
WHEREFORE, undersigned counsel respectfully requests that this Court
grant Plaintiffs-Appellees a 14-day extension of time, up to and including,
September 11, 2017 to submit their Response Brief.
Respectfully submitted this 23rd day of August, 2017
KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty
Appellate Case: 17-1103 Document: 01019860028 Date Filed: 08/23/2017 Page: 2
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David A. Lane
Andy McNulty
1543 Champa Street, Suite 400
Denver, CO 80202
303-571-1000
dlane@kln-law.com
amcnutly@kln-law.com
Counsel for Plaintiffs-Appellees
Appellate Case: 17-1103 Document: 01019860028 Date Filed: 08/23/2017 Page: 3
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CERTIFICATE OF SERVICE
I hereby certify that a copy of this MOTION FOR EXTENSION TO
FILE RESPONSE BRIEF was served on August 23, 2017, via CM/ECF to the
following:
Gillian Dale
Andrew Ringel
Hall & Evans, LLC
1001 17th Street, Suite 300
Denver, CO 80202
303-628-3300
daleg@hallevans.com
ringela@hallevans.com
Counsel for Defendant-Appellant
s/ Jamie Akard
Jamie Akard
Appellate Case: 17-1103 Document: 01019860028 Date Filed: 08/23/2017 Page: 4
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CERTIFICATE OF DIGITAL SUBMISSION
I hereby certify that with respect to the foregoing:
(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, McAfee, Version
4.8.0.1500 updated on August 23, 2017 and according to the program are free of
viruses.
KILLMER, LANE & NEWMAN, LLP
s/ Jamie Akard
Jamie Akard
Appellate Case: 17-1103 Document: 01019860028 Date Filed: 08/23/2017 Page: 5