HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 052 - DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE RESPONSES TO DISCOVERYIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-WJM-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 SERVE RESPONSES TO 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
Responses to Plaintiff’s First Set of Written Discovery:
Certificate of Conferral
Pursuant to D.C.Colo.LCivR 7.1(a), the undersigned Counsel conferred with Counsel for
the Plaintiff, via email on November 6, 2019. Counsel for the Plaintiff does not oppose the relief
requested herein.
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.
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§1983, and 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 1].
On October 15, 2019, Plaintiff submitted her First Set of Written Discovery Requests to
Defendant City of Fort Collins. On that same date, Plaintiff also submitted her First Set of
Written Discovery on Defendant Randall Klamser.
Defendants’ responses are currently due on November 14, 2019.
Defendants respectfully request a thirty-two day extension of time, until December 16,
2019, to submit their Responses to Plaintiff’s First Set of Discovery Requests. The extension of
time is necessary to have sufficient time to properly investigate the factual bases underlying the
Defendants’ responses to the Discovery Requests and to confer with Mr. Klamser and with the
relevant officials from the City of Fort Collins concerning their responses. Furthermore, the
extension would allow Defense Counsel sufficient time to properly assess Plaintiff’s
Interrogatories, Requests for Production, and Requests for Admissions.
Pursuant to the Court’s Practice Standards, and D.C.COLO.LCivR 6.1(c), 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 Unopposed
Motion for Extension of Time to Serve Responses to Discovery and to extend the deadline to
submit their Responses to Plaintiff’s First Set of Discovery Requests to December 16, 2019.
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Respectfully submitted, this 7th day of November 2019.
s/ Mark S. Ratner _____
Christina S. 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
Attorney for Defendants
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 7th day of November, 2019, I electronically filed the
foregoing DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO
SERVE RESPONSES TO 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
s/ Robin Havens, Legal Assistant to
Mark S. Ratner, Esq. of
Hall & Evans, L.L.C.
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