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HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 011 - CITY OF FORT COLLINS MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINTDISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue, Suite 100 Fort Collins, CO 80521-2761 Phone: 970-498-6100 ______________________________________________ Plaintiff: ILSE G. WESTPHAL v. Defendants: ANTHONY JOHN JANSA; JANSA TRUCKING, LLC, a Colorado Limited Liability Company; JANSA TRUCKING, LLC, a North Dakota Limited Liability Company; THE CITY OF FORT COLLINS, a Colorado municipal corporation ______________________________________________ Attorneys for Defendant City of Fort Collins Peter C. Middleton, Esq., #32335 of HALL & EVANS, L.L.C. 1001 17th St., Suite 300 Denver, CO 80202 Phone: 303-628-3300 Fax: 303-628-3368 middletonp@hallevans.com COURT USE ONLY __________________________ Case No. 2017-CV-030903 Div. 3C DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND JURY DEMAND Defendant City of Fort Collins, by and through its counsel, HALL & EVANS, LLC., submits the following unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff’s Complaint and Jury Demand: CERTIFICATION – C.R.C.P. 121 Counsel for Defendant Peter Middleton contacted and talked with counsel for Plaintiff David Herrera regarding this motion. Plaintiff does not object to the relief requested herein. DATE FILED: November 16, 2017 3:21 PM FILING ID: 85C47A1F4A343 CASE NUMBER: 2017CV30903 2 1. On October 25, 2017, Plaintiff filed her Civil Complaint and Jury Demand (“Complaint”) against Defendants, alleging, among other things, violation of Colorado’s Premises Liability Act, C.R.S. § 13-21-115. 2. Defendant was served October 26, 2017. Defendant’s current deadline to answer is November 16, 2017. 3. With the Thanksgiving holiday approaching and the press of other business, Defendant requests an extension of time, until November 30, 2017, to answer or otherwise respond to the current Complaint. Defendant anticipates filing a motion to dismiss on the basis of governmental immunity and C.R.C.P. 12(b)(1). The two-week extension will not prejudice the parties and will not unnecessarily delay the case. Therefore, there is good cause for the extension. WHEREFORE, Defendant respectfully requests this Court allow Defendant until November 30, 2017 in which to file an answer or otherwise respond (e.g. filing a motion to dismiss) to Plaintiff’s Complaint, and for any other relief the Court deems just and appropriate. Dated: November 16, 2017 HALL & EVANS, LLC /s/ Peter C. Middleton Peter C. Middleton, Esq., #32335 of HALL & EVANS, L.L.C. ATTORNEYS FOR DEFENDANT CITY OF FORT COLLINS 3 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of November 2017, I electronically filed and served the foregoing DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND JURY DEMAND via the Colorado Courts E-Filing system upon the following: David M. Herrera, Esq. HERMS & HERRERA, L.L.C. 3600 South College Avenue, Suite 204 Fort Collins, CO 80525 david@hhlawoffice.com Original Signature on File /s/Julie Eaglesham Julie Eaglesham