HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 037 - 2ND MOTION FOR EXTENSION OF TIME1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03204-RBJ
LORI FRANK,
Plaintiff,
vs.
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.
______________________________________________________________________________
DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR AN
ADDITIONAL EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S FIRST SET
OF DISCOVERY REQUESTS
______________________________________________________________________________
Defendant City of Fort Collins (hereinafter “the City”), by and through its counsel of
record, Cathy Havener Greer and Kathryn A. Starnella of Wells, Anderson & Race, LLC, and
Jenny Lopez Filkins of the Fort Collins City Attorney’s Office, hereby requests a further
extension of time up to and through July 10, 2019 in which to respond to Plaintiff’s First Set of
Requests for Production of Documents. In support, the City states as follows:
Conferral Pursuant to D.C.COLO.LCivR 7.1
On June 25, 2019, Ms. Greer contacted Plaintiff’s counsel by email to confer about the
requested extension of time and is able to represent that said extension is unopposed.
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Motion
1. On May 24, 2019, Plaintiff submitted discovery requests to the City. Upon the
City’s Motion [ECF No. 33], the Court issued an order granting a one-week extension for the City
to respond to Plaintiff’s Discovery Requests [ECF No. 34]. The responses to these requests are
currently due on July 1, 2019.
2. Following the City’s Motion, Plaintiff filed a similar motion request an extension
of time in which to respond to Defendants’ discovery requests to Plaintiff, also served on May 24,
2019, due to Plaintiff’s counsel’s absence [ECF No. 35]. The Court issued an order granting
Plaintiff’s motion [ECF No. 36] and Plaintiff’s responses are currently due on July 10, 2019.
3. Since the first request for an extension, counsel of record for the City have
encountered demands on their time which have delayed the review of potentially responsive
records in the form of flight cancellations causing unforeseen travel delays and scheduled
depositions in other cases which other attorneys would not be able to handle, including a deposition
on July 1, 2019.
4. Counsel for the City require additional time to review documents which are
potentially responsive to Plaintiff’s first set of discovery. Given Plaintiff’s 20-year employment
history with the City and more than 1,200 electronic files which may contain some responsive
documents, counsel for the City require an additional extension of time.
5. The City requests a brief additional extension of time, to and through July 10, 2019,
in order to review the files for responsiveness, privilege, and confidentiality, and to make any
necessary redactions.
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6. The City does not make this request to cause undue delay and no party will be
prejudiced should the requested relief be granted.
7. The City shall not seek any further extension of time in which to respond to
Plaintiff’s first set of discovery requests.
WHEREFORE, Defendant City of Fort Collins respectfully requests that this Court grant
its motion and extend its deadline to respond to Plaintiff’s first set of discovery requests to and
through July 10, 2019.
Dated this 28th
day of June, 2019.
Respectfully submitted,
s/ Kathryn A. Starnella
Cathy Havener Greer
Kathryn A. Starnella
Wells, Anderson & Race, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
Telephone: (303) 830-1212
Email: cgreer@warllc.com;
kstarnella@warllc.com
Attorneys for Defendants City of Fort
Collins and Terence F. Jones
s/ Jenny Lopez Filkins
Jenny Lopez Filkins
Senior Assistant City Attorney
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80521
Telephone: (970) 221-6520
Email: jlopezfilkins@fcgov.com
Attorney for Defendant City of Fort Collins
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 28, 2019, a true and correct copy of the above and
foregoing DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR AN
ADDITIONAL EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S FIRST SET
OF DISCOVERY REQUESTS 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:
David R. DeMuro, Esq.
Vaughan & DeMuro
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
T: 303-837-9200
Email: ddemuro@vaughandemuro.com
Sara L. Cook, Esq.
Vaughan & DeMuro
111 South Tejon, Suite 545
Colorado Springs, CO 80903
T: 719-578-5500
Email: scook@vaughandemuro.com
Attorneys for Defendant Schiager
Jennifer Robinson, Esq.
Robinson & Associates Law Offices, LLC
7900 E. Union Avenue, Suite 1100
Denver, CO 80237
Email: jrobinson@raemployment.com
Attorney for Plaintiff
I further certify that a true and correct copy of the above and foregoing was served on the City of
Fort Collins and Terence Jones through electronic mail.
s/ Bettye Gadison
Bettye Gadison
bmccall@warllc.com
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