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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 040 - Defendants' Barnes, Hutto And The City Of Fort Collins Joinder In Hopkins Motion To Stay DiscoveryIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 18-cv-03112-RBJ-STV SEAN SLATTON, Plaintiff v. TODD HOPKINS, BRANDON BARNES, JOHN HUTTO and FORT COLLINS POLICE DEPARTMENT Defendants. DEFENDANTS BRANDON BARNES, JOHN HUTTO AND THE CITY OF FORT COLLINS, SUED AS THE “FORT COLLINS POLICE DEPARTMENT”, JOINDER IN DEFENDANT HOPKINS’ MOTION TO STAY DISCOVERY PENDING DETERMINATION OF QUALIFIED IMMUNITY (ECF No. 30) Defendants, Brandon Barnes, John Hutto, and the City of Fort Collins, sued as the “Fort Collins Police Department,” through their Attorneys, Mark S. Ratner, Esq., and Hall & Evans, L.L.C., submit the following as their Joinder in Defendant Hopkins’ Motion to Stay Discovery Pending Determination of Qualified Immunity (ECF No. 30): I. INTRODUCTION AND ARGUMENT Defendants Brandon Barnes, John Hutto and the City of Fort Collins join in Defendant Hopkins’ request to stay the matter, pending determination of qualified immunity, as set forth in ECF No. 30. Defendant Barnes and Hutto have also filed a Motion to Dismiss (ECF No. 39) (“Motion”), which seeks dismissal on a number of basis, including application of qualified immunity from the actions complained of by the Plaintiff. Case 1:18-cv-03112-RBJ-STV Document 40 Filed 06/17/19 USDC Colorado Page 1 of 3 II. CONCLUSION WHEREFORE, Officer Barnes, Chief Hutto, and the City of Fort Collins, respectfully request the Court grant Defendant Hopkins and stay this matter until such time as a determination of qualified immunity is made, and for entry of any other relief deemed just and appropriate by this Court. Respectfully submitted this 17th day of June, 2019. /s/ Mark S. Ratner Mark S. Ratner Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 Phone: 303-628-3300 Fax: 303-628-3368 ratnerm@hallevans.com ATTORNEYS FOR DEFENDANTS BRANDON BARNES, JOHN HUTTO, AND THE CITY OF FORT COLLINS, SUED AS THE CITY OF FORT COLLINS POLICE DEPARTMENT Case 1:18-cv-03112-RBJ-STV Document 40 Filed 06/17/19 USDC Colorado Page 2 of 3 CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 17th day of June, 2019, I electronically filed the foregoing DEFENDANTS BRANDON BARNES, JOHN HUTTO AND THE CITY OF FORT COLLINS, SUED AS THE “FORT COLLINS POLICE DEPARTMENT”, JOINDER IN DEFENDANT HOPKINS’ MOTION TO STAY DISCOVERY PENDING DETERMINATION OF QUALIFIED IMMUNITY (ECF No. 30) with the Clerk of Court using the CM/ECF system and mailed a copy to the following: Sean Slatton 951 20th Street. #8971 Denver, CO 80202 Marni Nathan Kloster Nicholas C. Poppe Nathan Dumm & Mayer, P.C. MKloster@ndm-law.com NPoppe@ndm-law.com /s/ Mary McNichols Legal Assistant Case 1:18-cv-03112-RBJ-STV Document 40 Filed 06/17/19 USDC Colorado Page 3 of 3