HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 029 - DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY4122844.1
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 FOR EXTENSION OF TIME
TO FILE A REPLY IN SUPPORT OF MOTION TO DISMISS
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., submits the following as their Unopposed Motion for Extension of Time to File a
Reply in Support of Motion to Dismiss:
Certificate of Conferral
Undersigned Counsel conferred with Counsel for the Plaintiff, via email on July 8, 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. The Complaint generally alleges a violation of 42 U.S.C. §1983, and
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specifically her rights pursuant to the Fourth and Fourteenth Amendments to the United States
Constitution. The Complaint in this matter was filed on or about March 26, 2019 (ECF No. 1).
On June 7, 2019, the Defendants filed a Motion to Dismiss, seeking dismissal of all claims
pursuant to Fed. R. Civ. P. 12(b)(6) (See ECF No. 23). On July 3, 2019, after being granted an
extension of time, the Plaintiff filed a Response in opposition to the Motion to Dismiss (ECF No.
28).
A Reply in support of the Motion to Dismiss, is due on or before July 17, 2019. The
Defendants are requesting a seven-day extension of time, until July 24, 2019, to file a Reply in
support of the Motion to Dismiss. The extension of time is necessary in order to have sufficient
time to properly assess the arguments set forth in Plaintiff’s Response, given the filing of the
Motion over the July 4th holiday weekend and because both Counsel for the Defendants will be
out of the office within the next week.
Pursuant to the Court’s Practice Standards, a copy of this Motion has been served on John
Duval, Esq., Deputy City Attorney for the City of Fort Collins, as well as Fort Collins Police
Officer Randall Klamser.
WHEREFORE, the Defendants respectfully request the Court grant their Motion, and
extend the deadline for the filing of a Reply to Defendants’ Motion to Dismiss, be extended to July
24, 2019.
Respectfully submitted, this 8th day of July, 2019.
s/ Mark S. Ratner, Esq. _____
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
ratnerm@hallevans.com
Attorneys for Defendants
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 8th day of July, 2019, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system which will send notification of such filing to
the following e-mail addresses:
T. Valdez, Esq.
Killmer, Lane & Newman, LLP
1543 Champa St, Suite 400
Denver, CO 80202
303-571-1000 Phone
303-571-1001 Fax
tvaldez@kln-law.com
Attorney for Plaintiff
s/ Mary McNichols
Legal Assistant
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