HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 011 - DEFENDANTS' UNOPPOSED MOTION TO RESET SCHEDULING CONFERENCE4122844.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
DEFENDANTS’ UNOPPOSED MOTION TO RESET SCHEDULING CONFERENCE
Defendants RANDALL KLAMSER, in his individual capacity, and CITY OF FORT
COLLINS, a municipality, (collectively “Defendants”), by and through their attorneys, Hall &
Evans, L.L.C., submit the following as their Unopposed Motion to Reset Scheduling Conference:
Certificate of Conferral
Undersigned Counsel conferred with Counsel for the Plaintiff, via email and telephone on
May 14, 2019. Counsel for the Plaintiff does not oppose the requested relief.
I. INTRODUCTION AND ARGUMENT
According to the allegations of the Complaint, this matter arises out of the arrest of
Plaintiff on or about April 6, 2017. Plaintiff generally alleges a violation of 42 U.S.C. § 1983,
and her rights pursuant to the Fourth and Fourteenth Amendments to the United States
Constitution.
Case 1:19-cv-00901-WJM-NRN Document 11 Filed 05/14/19 USDC Colorado Page 1 of 3
4122844.1 2
The Complaint in this matter was filed on or about March 26, 2019 (ECF No. 1). On
March 27, 2019, the Court entered an Order setting a scheduling/planning conference for June 5,
2019 (ECF No. 5).
On April 8, 2019, Plaintiff executed requests for waivers for the two named Defendants
(Exhibit A). Said waivers were signed by the Defendants on April 12, 2019 (Exhibit B).
Pursuant to the applicable Rules, responses to Plaintiff’s Complaint are due by June 7, 2019,
which is after the scheduling conference.
The Defendants request the scheduling conference set on March 27, 2019 be reset to a
time subsequent to the deadline for a response to Plaintiff’s Complaint. Conducting the
scheduling conference after the Defendants file a response, will promote judicial efficiencies as
the parties will be in a better position to address the scope of discovery, and other pertinent
issues moving forward.
This is the first request for an extension of time by the Defendants.
WHEREFORE, the Defendants respectfully request the Court grant their Motion, and
reset the June 5, 2019 scheduling conference.
Respectfully submitted this 14th day of May, 2019.
s/ Mark S. Ratner
Christina S. Gunn, Esq.
Mark S. Ratner, Esq.
HALL & EVANS, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Phone: (303) 628-3300
Fax: (303) 628-3368
Gunnc@hallevans.com
Ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANTS RANDALL
KLAMSER AND CITY OF FORT COLLINS
Case 1:19-cv-00901-WJM-NRN Document 11 Filed 05/14/19 USDC Colorado Page 2 of 3
4122844.1 3
CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on this 14th day of May, 2019, I electronically filed the foregoing
DEFENDANTS’ UNOPPOSED MOTION TO RESET SCHEDULING CONFERENCE
with the Clerk of Court using the CM/ECF system with service upon the following:
David Lane
Tania Valdez
Killmer, Lane & Newman, LLC
1543 Champa St., Suite 400
Denver, CO 80202
dlane@kln-law.com
tvaldez@kln-law.com
Via U.S. Mail
City of Fort Collins and Officer Randall Klamser
c/o Fort Collins Deputy City Attorney, John Duval, Esq.,
City Hall West
300 LaPorte Ave.
Fort Collins, CO. 80521
s/ Mary McNichols
Legal Assistant to Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
Case 1:19-cv-00901-WJM-NRN Document 11 Filed 05/14/19 USDC Colorado Page 3 of 3