HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 043 - Barnes, Hutto And City Of Fort Collins Joinder In Defendants' 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. ___)
(“Motion”), which seeks dismissal on a number of basis, including application of qualified
immunity from the actions complained of by the Plaintiff.
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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
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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 20
th
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
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