HomeMy WebLinkAbout2018CV2867 - FORT COLLINS MENNONITE FELLOWSHIP AND STEVE RAMER V. CITY OF FORT COLLINS, ET AL - 048 - MOTION FOR EXTENSION OF TIME TO SERVE DEFENDANT JENNIFER PETRIKIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-02867-NYW
FORT COLLINS MENNONITE FELLOWSHIP, a Colorado nonprofit corporation, and
STEVE RAMER,
Plaintiffs,
v.
THE CITY OF FORT COLLINS, a home rule municipality,
THE CITY OF FORT COLLINS CITY COUNCIL, and
LAURIE DAVIS,
ROBERT DAVIS,
MARY RAY,
H. STUART MACMILLAN,
HOLLY JOHNSON,
LAURA PETRICK,
DAVE PETRICK,
KATHERINE ACOTT,
WALTER HICKMAN,
PATRICIA DIEHL,
LISA EATON,
FERAH AZIZ,
TARA MCCORMAC,
JENNIFER PETRIK,
PAMELA REFVEM,
MICHAEL MERCER,
DENNIS BOOKSTABER,
BELL GOULD LINDER & SCOTT, P.C.
TOM HALL, and
STEVE ACKERMAN, in their individual capacities.
Defendants.
PARTIALLY UNOPPOSED MOTION FOR EXTENSION OF TIME
TO SERVE DEFENDANT JENNIFER PETRIK
Plaintiffs Fort Collins Mennonite Fellowship (the “Fellowship”) and Steve Ramer
(“Ramer” and collectively with the Fellowship, “Plaintiffs”), by and through their undersigned
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counsel, hereby file their Motion for Extension of Time to Serve Defendant Laura Petrick, as
follows:
1. Certificate of Conferral. Undersigned counsel has conferred with counsel for
Defendants, the City of Fort Collins and the Fort Collins City Council (collectively, the “City
Defendants”) concerning the relief requested herein, and is authorized to state that the City
Defendants do not oppose this Motion. The remaining Defendants (collectively, “Individual
Defendants”), which are parties hereto pursuant to Colo. R. Civ. P. Rule 106(a)(4), have just
recently been served, and no counsel representing any of the Individual Defendants has entered an
appearance in this case. Undersigned counsel was thus unable to confer with the Individual
Defendants.
2. Plaintiffs filed their Complaint and Request for Declaratory Judgment and
Injunctive Relief in this case on November 6, 2018 (the “Complaint”).
3. Under Fed. R. Civ. P. Rule 4(m), a court must dismiss an action if a defendant is
not served within 90 days of filing of the complaint. However, if the “plaintiff shows good cause
for the failure, the court must extend the time for service for an appropriate period.”
4. Plaintiffs’ deadline to serve all Defendants pursuant to Fed. R. Civ. P. 4(m) is
February 4, 2019.
5. The City Defendants are defendants as to all claims in the Complaint, while the
Individual Defendants are defendants solely as to Plaintiffs’ claim pursuant to Colo. R. Civ. P.
Rule 106(a)(4).
6. Since filing the Complaint, Plaintiffs and the City Defendants have been actively
engaged in settlement discussions that, if successful, will result in dismissal of all claims against
all Defendants.
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7. Because of the ongoing settlement discussions, Plaintiffs did not immediately
initiate service on the Individual Defendants, however, to date, every Defendant, with the
exception of Jennifer Petrik (“Petrik”), has been served.
8. On February 1, 2019, Plaintiffs’ process server indicated that Petrik owns, but does
not reside at, the address she provided before the Fort Collins City Council hearing at issue in this
case. Plaintiffs’ process server has made multiple attempts to serve Petrik, and has further
indicated that he has not yet been able to ascertain another address at which to find Petrik.
9. Despite Plaintiffs’ diligent efforts to serve all of the Defendants by the February 4,
2019 deadline, it appears that Petrik will not be served by that deadline. Due to the nature of the
ongoing settlement negotiations, the number of Defendants, and Plaintiffs’ good faith and diligent
efforts to serve all Defendants, Plaintiffs believe that good cause exists to permit a two (2) week
extension of time to serve Petrik, up to and including Monday, February 18, 2019.
10. No party will be prejudiced by the relief requested herein.
WHEREFORE, Plaintiffs respectfully request that the Court enter an order granting an
extension of time for Plaintiffs to serve Petrik, up to and including Monday, February 18, 2019,
and granting any other and further relief as the Court deems just and proper.
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Respectfully submitted this 4th day of February, 2019.
/s/David A. Brewster
Brian J. Connolly
Thomas Macdonald
Andrew L.W. Peters
David A. Brewster
Otten, Johnson, Robinson, Neff
& Ragonetti, P.C.
950 Seventeenth Street, Suite 1600
Denver, Colorado 80202
Telephone: 303 825 8400
Facsimile: 303 825 6525
E-mail: bconnolly@ottenjohnson.com
E-mail: mac@ottenjohnson.com
E-mail: apeters@ottenjohnson.com
E-mail: dbrewster@ottenjohnson.com
Attorneys for Plaintiffs FORT COLLINS
MENNONITE FELLOWSHIP and STEVE
RAMER
CERTIFICATE OF SERVICE
I hereby certify that on this 4th day of February, 2019, a true and correct copy of the
foregoing PARTIALLY UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE
DEFENDANT JENNIFER PETRIK 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:
Andrew D. Ringel
Hall & Evans, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, CO 80202
ringela@hallevans.com
Attorney for Defendants The City of Fort
Collins and The City of Fort Collins City
Council
/s/ Margo Brown
Margo Brown
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