HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 065 - DEFENDANTS' THIRD 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’ THIRD 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 Third 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 30, 2019. Counsel for the Plaintiff does not oppose an
extension of time with respect to the City of Fort Collins’ responses to Plaintiff’s discovery. As
of the filing, Plaintiff’s Counsel has not yet responded to a separate email with respect to
Defendant Klamser’s responses.
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I. INTRODUCTION AND ARGUMENT
1. 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 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).
2. On October 15, 2019, Plaintiff submitted her First Set of Written Discovery
Requests to Defendant City of Fort Collins and Defendant Randall Klamser.
3. On November 7, 2019, the Defendants filed an Unopposed Motion for extension
of time to submit discovery responses (ECF No. 52).
4. On November 8, 2019, the Court granted the Defendants’ request for an extension
of time and ordered responses be provided on or before December 16, 2019 (ECF No. 54).
5. On December 16, 2019, the Defendants’ requested a second extension of time
(ECF No. 62), which was also unopposed. The extension was predicated on the fact lead
Counsel, Christina Gunn was abruptly called out of town to assist and provide support with
regard to a family member’s medical emergency (ECF No. 62 at 2).
6. On December 18, 2019, the Court granted the request for an extension of time and
ordered responses be provided by December 30, 2019 (ECF No. 64).
7. The Defendants are requesting an additional extension of time until January 6,
2020. In support, the Defendants state that Ms. Gunn has suffered a death in the family and has
once again been called out of town on an emergent basis. Undersigned Counsel represents that
responses are mostly complete. Additional time to obtain further pertinent information as well as
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to identify the proper individual to provide a verification for the City of Fort Collins, is still
needed. It is the combination of these factors, along with the difficulty of accessing individuals
during the holidays, with knowledge and information to properly prepare responses, which is
proving to be a challenge. Undersigned Counsel represents he is working diligently to complete
the responses, but additional time is needed.
8. Undersigned Counsel conferred with Plaintiff’s Counsel, who had no objection to
a 7-day extension of time, until January 6, 2020, for the City of Fort Collins’ Responses only.
9. Undersigned Counsel sent a second email with respect to Defendant Klamser’s
responses, after first indicating they would be provided today (December 30th
). Upon further
review, additional time is required. As of the filing of this Motion, no response has been
received with respect to that email.
10. Pursuant to D.C.COLO.LCivR 6.1(b), Defendants state this is the third extension
of time requested by Defendant City of Fort Collins and Defendant Randall Klamser as it relates
to this discovery.
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 January 30, 2020.
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Respectfully submitted, this 30th
day of December 2019.
s/ Mark S. Ratner, Esq.
Mark S. Ratner, Esq.
Christina S. Gunn, Esq.
Hall & Evans, L.L.C.
1001 17th
Street, Suite 300, Denver, CO 80202
ratnerm@hallevans.com
gunnc@hallevans.com
Attorney for Defendants
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 30th
day of December 2019, I electronically filed the
foregoing DEFENDANTS’ THIRD 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/ Annah Hillary
Legal Assistant
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