HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 010 - UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND BY DEFENDANTS CITY AND JONESIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03204-NRN
LORI FRANK
Plaintiff,
v.
CITY OF FORT COLLINS, a municipality;
TERENCE F. JONES, former Interim Chief of Police, in his individual capacity; and
JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity,
Defendants.
UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE
RESPOND TO PLAINTIFF’S COMPLAINT AND JURY DEMAND
Defendants, The City of Fort Collins and Terence F. Jones, by and through its and his
attorneys, Cathy Havener Greer, and Kathryn A. Starnella, of Wells, Anderson & Race, LLC and
pursuant to D.C. COLO.LCivR 6.1, hereby request an extension of time to answer or otherwise
respond to Plaintiff’s Complaint and Jury Demand from January 4, 2019 to and including
January 31, 2019. As grounds, Defendants state:
CERTIFICATE OF COMPLIANCE WITH D.C. COLO. LR 7.1
On January 2, 2019, Plaintiff’s counsel confirmed that Plaintiff does not object to the
relief requested herein.
1. Plaintiff’s counsel communicated with Senior Assistant City Attorney for the City
on December 14, 2018, about service on the three defendants.
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2. Based on the communication between Plaintiff’s counsel and Senior Assistant
City Attorney, Plaintiff’s counsel filed the Return of Summons indicating that Defendants’
Answer or other Response to Plaintiff’s Complaint and Jury Demand are due on January 4, 2019.
3. Undersigned counsel were formally retained to represent Defendants City and
Jones on December 27, 2018 and require more time within which to investigate Plaintiff’s
allegations, including meeting with their clients regarding Plaintiff’s allegations, and prepare and
file an Answer or other response to Plaintiff’s Complaint and Jury Demand. Counsel for
Defendant Schiager entered an appearance January 3, 2019.
4. Undersigned counsel and counsel for Plaintiff have consulted about an extension
of time to and including January 31, 2019, and counsel for Plaintiff does not oppose such an
extension of time for an Answer or other response.
5. Accordingly, Defendants City and Jones request an extension of time, to and
including January 31, 2019, within which to prepare and file their Answer or other Response to
Plaintiff’s Complaint and Jury Demand.
5. No previous extensions of time have been sought and no party will be prejudiced
by the relief sought herein.
6. Pursuant to D.C. COLO.LCivR 6.1 E, a copy of this Unopposed Motion has been
served upon Defendants and all counsel of record as indicated on the Certificate of Service.
WHEREFORE, Defendants City of Fort Collins and Jones request that this Court grant
its/his motion for an extension of time, to and including January 31, 2019 in which to respond to
Plaintiff’s Complaint and Jury Demand.
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Dated this 3rd day of January, 2019..
Respectfully submitted,
S/ Cathy Havener Greer
________________________________
Cathy Havener Greer
Kathryn A. Starnella
Wells, Anderson & Race, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
T: 303-830-1212
Email: cgreer@warllc.com; kstarnella.com
ATTORNEY FOR DEFENDANTS
THE CITY OF FORT COLLINS AND
TERENCE F. JONES
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 3, 2019, a true and correct copy of the above and
foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR
OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND JURY DEMAND was
electronically filed with the Clerk of Court using the CM/ECF system, which will send
notification of such filing to the following email addresses:
Jennifer Robinson, Esq.
Robinson & Associates Law Offices, LLC
7900 E. Union Avenue, Suite 1100
Denver, CO 80237
Email: jrobinson@raemployment.com
Attorneys for Plaintiff
David R. DeMuro, Esq.
Vaughan & DeMuro
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
Email: ddemuro@vaughandemuro.com
Attorneys for Defendant Schiager
and I hereby certify that I have mailed or served the document or paper to the following non
CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participants
name:
Via Electronic Mail/U.S. Mail
The City of Fort Collins
Terence F. Jones
S/ Barbara McCall
Barbara McCall
Email: bmccall@warllc.com
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