HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 062 - DEFENDANTS' SECOND 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-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
DEFENDANTS’ SECOND 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., submit the following as their 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 December 12, 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.
Case 1:19-cv-00901-WJM-NRN Document 62 Filed 12/16/19 USDC Colorado Page 1 of 4
2
§1983, and specifically alleges a violation of 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 submitted her First Set of Written
Discovery on Defendant Randall Klamser.
Defendants’ responses are currently due on December 16, 2019.
Defendants respectfully request a fourteen-day extension of time, until December 30,
2019, to submit their Responses to Plaintiff’s First Set of Discovery Requests. The extension of
time is necessary due to lead counsel, Christina S. Gunn, abruptly being called out of town to
assist and to provide support with regard to a family member’s medical emergency. Defendants
have begun drafting its Responses to Plaintiff’s Discovery Requests; however, due to unfortunate
circumstances, Ms. Gunn suddenly had to leave the state and postpone finalizing Defendants’
Discovery Responses.
Defendants’ request for an extension of time will not delay the proceedings or prejudice
the parties as this lawsuit has just commenced.
Pursuant to D.C.COLO.LCivR 6.1(b), Defendants state this is the second extension of
time requested by Defendant City of Fort Collins and Defendant Randall Klamser in this matter.
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.
Case 1:19-cv-00901-WJM-NRN Document 62 Filed 12/16/19 USDC Colorado Page 2 of 4
3
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 30, 2019.
Respectfully submitted, this 16th day of December 2019.
s/ Mark S. Ratner, Esq.
Mark S. Ratner, Esq.
Christina S. Gunn
Hall & Evans, L.L.C.
1001 17th
Street, Suite 300, Denver, CO 80202
ratnerm@hallevans.com
gunnc@hallevans.com
Attorneys for Defendants
Case 1:19-cv-00901-WJM-NRN Document 62 Filed 12/16/19 USDC Colorado Page 3 of 4
4
CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 16th day of December 2019, I electronically filed the
foregoing DEFENDANTS’ SECOND 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
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/ Nicole Marion
Legal Assistant
Case 1:19-cv-00901-WJM-NRN Document 62 Filed 12/16/19 USDC Colorado Page 4 of 4