HomeMy WebLinkAbout2018CV220 - STACY LYNNE V. NOAH BEALS, SENIOR PLANNER, AND JEREMY CALL - 008 - DEFENDANT BEALS' UNOPPOSED MOTION FOR ENLGARGMENT OF TIME TO FILE RESPONSIVE PLEADINGDISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 498-6100
Plaintiff: STACY LYNNE
v.
Defendants: NOAH BEALS, Senior Planner, City of
Fort Collins, in his individual and official capacity, and
JEREMY CALL, Senior Associates – Logan Simpson
Design, Contractor for the City of Fort Collins, in his
individual and official capacity
COURT USE ONLY
Kimberly B. Schutt, #25947
WICK & TRAUTWEIN, LLC
P.O. Box 2166
Fort Collins, CO 80522
Phone: (970) 482-4011
Email: kschutt@wicklaw.com
Case Number: 2018 CV 220
Courtroom: 3C
DEFENDANT BEALS’ UNOPPOSED MOTION FOR ENLARGEMENT OF TIME
TO FILE RESPONSIVE PLEADING
COMES NOW, the Defendant, Noah Beals, by and through his counsel, Wick &
Trautwein, LLC, and respectfully submits the following unopposed motion for enlargement of
time for the defendants to file their responsive pleadings to the Plaintiff’s Complaint. In support
hereof, Mr. Beals states as follows:
1. RULE 121 CERTIFICATION: Undersigned counsel for the City hereby advises the
Court that she has conferred with the Plaintiff about the enlargement of time requested in this
motion. Undersigned counsel is authorized to state that Plaintiff has consented to the relief
requested herein.
2. The Plaintiff has filed a 27-page Complaint against Noah Beals, an employee of the City
of Fort Collins, and another individual named Jeremy Call. Mr. Call is not employed with the
City of Fort Collins, but works with representatives of the City’s planning department through
his employment with Logan Simpson.
DATE FILED: December 20, 2018 4:34 PM
FILING ID: B0447D0FB2BEE
CASE NUMBER: 2018CV220
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3. Mr. Beals was served with the Complaint on December 4, 2018, which would make his
responsive pleading due on Christmas Day, or the next business day of December 26, 2018.
4. Undersigned counsel has had several other litigation deadlines and other client
emergencies in the past two weeks, and due to the upcoming holidays, additional time is needed
to review the Plaintiff’s extensive Complaint and prepare an appropriate responsive pleading.
5. Further, undersigned counsel understands from communications with the attorney
planning to defend the claims against Jeremy Call that she is currently out of the country and will
be gone until December 28
th
. That attorney is Theresa Corrada of Benezra & Culver, in Denver.
6. Accordingly, Mr. Beals seeks an enlargement of time up to and including January 11,
2019, for all defendants to file a responsive pleading in this case. Based upon communications
with Ms. Corrada, undersigned counsel is authorized to state that she too agrees with this request.
7. This motion is made in good faith and in cooperation with other parties in this case. No
prejudice should be incurred to any party, as reflected by the consent and agreements described
above.
Respectfully submitted this 20
th
day of December, 2018.
WICK & TRAUTWEIN, LLC
By: s/Kimberly B. Schutt
Kimberly B. Schutt, #25947
Attorneys for Defendant Beals
[This document was served electronically pursuant to C.R.C.P. 121 §1-26. The original
pleading signed by defense counsel is on file at the offices of Wick & Trautwein, LLC and the
Fort Collins City Attorney’s Office]
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CERTIFICATE OF ELECTRONIC FILING
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANT BEALS’ UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO
FILE RESPONSIVE PLEADING was filed via the Colorado Courts E-Filing System and
served this 20
th
day of December, 2018, on the following:
Stacy Lynne
305 W. Magnolia Street #282
Fort Collins, CO 80521
A courtesy copy was also emailed to Ms. Lynne at stacy_lynne@comcast.net
s/ Jody L. Minch
[The original certificate of electronic filing signed by Jody L. Minch is on file at Wick &
Trautwein, LLC)