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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 053 - Defendants' Barnes, Hutto And City Of Fort Collins Response To Plaintiff's Motion For Extension Of TimeIN 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”, RESPONSE TO PLAINTIFF’S MOTION FOR EXTENSION OF TIME (ECF No. 47) 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 Response to Plaintiff’s Motion for Extension of Time (ECF No. 47) as follows: I. INTRODUCTION AND ARGUMENT On July 3, 2019, Plaintiff filed a Motion apparently requesting an extension of time to respond to “Motion for Dismissal” (sic). No specific motions are identified, nor is there any request for the amount of time sought (See generally, ECF No. 47)1. It is assumed, however, 1 Plaintiff subsequently sent an email to undersigned Counsel and Counsel for Defendant Hopkins indicating an amended motion would be filed, seeking 30 days from the receipt of certain “discovery materials.” Case 1:18-cv-03112-RBJ-STV Document 53 Filed 07/09/19 USDC Colorado Page 1 of 3 Plaintiff is asking the Court for an extension of time to respond (at least in part) to Defendant Barnes, Hutto and the City of Fort Collins’ Motion to Dismiss (ECF No. 39). To the extent Plaintiff’s Motion seeks an extension of time to file a response to Defendant Barnes, Hutto and the City of Fort Collins’ Motion to Dismiss, the Motion is moot. On July 2, 2019, Plaintiff filed a response to the Defendants’ Motion to Dismiss (See Caption, ECF No. 45, referencing ECF No. 39). II. CONCLUSION WHEREFORE, Officer Barnes, Chief Hutto, and the City of Fort Collins, respectfully request the Court grant deny Plaintiff’s Motion for Extension of Time, to the extent it purportedly applies to these Defendants’ Motion to Dismiss. Respectfully submitted this 9th day of July 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 53 Filed 07/09/19 USDC Colorado Page 2 of 3 CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 9th day of July 2019, I electronically filed the foregoing DEFENDANTS BRANDON BARNES, JOHN HUTTO AND THE CITY OF FORT COLLINS, SUED AS THE “FORT COLLINS POLICE DEPARTMENT”, RESPONSE TO PLAINTIFF’S MOTION FOR EXTENSION OF TIME 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 53 Filed 07/09/19 USDC Colorado Page 3 of 3