HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 043 - DEFEDNANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY RE MOTION TO STAY DISCOVERY4122844.1
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 STAY DISCOVERY
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 Stay:
Certificate of Conferral
Undersigned Counsel conferred with Counsel for the Plaintiff, via email on August 7,
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 specifically her rights pursuant to the Fourth and Fourteenth Amendments to the
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United States Constitution. The Complaint in this matter was filed on or about March 26, 2019
(ECF No. 1).
On July 24, 2019, the Defendants filed a Motion to Stay discovery, pending the
resolution of the Motion to Dismiss and criminal appeal (ECF No. 35). A response was filed by
the Plaintiff on July 29, 2019 (ECF No 39).
A Reply in support of the Motion to Stay is due on or before August 12, 2019.
The Defendants are requesting a seven-day extension of time, until August 19, 2019 to
file a Reply in support of the Motion to Stay. The extension of time is necessary as undersigned
Counsel was involved in an accident, and is currently recuperating. Counsel expects to be “back
up to speed” in a few days. The seven-day extension would allow time to properly assess the
Plaintiff’s arguments, and submit a Reply.
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 Stay, be extended to
August 19, 2019.
Respectfully submitted, this 7th day of August, 2019.
s/ Mark S. Ratner, Esq. _____
Christina Gunn, Esq.
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300,
Denver, CO 80202
gunnc@hallevans.com
ratnerm@hallevans.com
Attorneys for Defendants
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 7th day of August, 2019, I electronically filed the
foregoing DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE A REPLY IN SUPPORT OF MOTION TO STAY DISCOVERY with the Clerk of
Court using the CM/ECF system and U.S. Mail as follows:
David Lane, Esq.
Andrew McNulty, Esq.
Killmer, Lane & Newman, LLP
1543 Champa St, Suite 400
Denver, CO 80202
303-571-1000 Phone
303-571-1001 Fax
Dlane@kln-law.com
amcnulty@kln-law.com
Attorneys for Plaintiff
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
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