HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 080 - PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENTIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03204
LORI FRANK,
Plaintiff,
v.
CITY OF FORT COLLINS, a municipality; and
JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND OPPOSED MOTION FOR
FIVE ADDITIONAL PAGES TO RESPOND TO THE CITY’S MOTION
Plaintiff Lori Frank, (hereinafter "Plaintiff' or "Ms. Frank"), through her undersigned
counsel, hereby files this Unopposed Motion fro Extension of Time to Respond to Defendants’ Motions for
Summary Judgment and Opposed Motion for Five Additional Pages to Respond to the City’s Motion as
follows:
The parties have conferred about this Motion and neither defendant opposes the extension
of time to respond to the Motions for Summary Judgment. The City opposes the additional five
pages to respond to the City’s Motion for Summary Judgment.
1. Defendants filed separate Motions for Summary Judgment on January 30, 2020.
2. Plaintiff’s responses to the Motions for Summary Judgment are now due on
February 25, 2020.
3. The parties have been conferring about the possibility of resolving the case and
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those discussions have not ended. The Parties determined not to request a stay pending those
discussions but to proceed on parallel tracks with continued discussions and fully briefing the
Motions for Summary Judgment at the same time.
4. However, during the discussions some time was lost and although there is some
overlap in the two Motions for Summary Judgment additional time is needed to fully respond to
the two motions. In addition, the undersigned has a third response to a motion for summary
judgment in another matter that is due during this same time period.
5. Accordingly, the Parties have conferred and Plaintiff is requesting seven
additional days to respond to the City of Fort Collins’ Motion for Summary Judgment and nine
additional days to respond to Defendant Schiager’s Motion for Summary Judgment.
6. Neither Defendant opposes the additional time to respond.
7. Plaintiff further requests five-additional pages to respond to the City of Fort
Collins’ Motion for Summary Judgment. The City of Fort Collins opposes the additional five
pages.
8. In support, the undersigned states that she is diligently attempting to confine the
response brief to the 20-page limit but cannot do so.
9. There are numerous factual issues that were not raised in the City’s Opening Brief
that materially effect Plaintiff’s ability to demonstrate a prima facie case and present evidence of
pretext. In addition, Plaintiff must be able to respond to Defendant’s statement of facts as well.
10. Defendant will not be prejudiced if the motion requesting the additional five
pages is granted. However, Plaintiff will be prejudiced if the request is denied as she will be
unable to fully present her case to the Court to avoid summary judgment.
11. Accordingly, Plaintiff requests that the Court enter an Order extending the time
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for Plaintiff to respond to the City’s Motion for Summary Judgment through March 4, 2020 and
extending the time to respond to Defendant Schiager’s Motion for Summary Judgment through
March 6, 2020. Further, that Plaintiff be granted leave to file a response brief to the City’s
motion of no more than 25 pages.
RESPECTFULLY SUMBITTED this 18th day of February 2020.
ROBINSON & ASSOCIATES LAW OFFICE, LLC
s/Jennifer Robinson
Jennifer Robinson
Robinson & Associates Law Office, LLC
3300 S. Parker Rd., Ste. 330
Aurora, CO 80014
(303) 872-3063
jrobinson@raemployment.com
ATTORNEY FOR PLAINTIFF
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CERTIFICATE OF SERVICE
The undersigned certifies that on February 18, 2020 a true and correct copy of the
foregoing was electronically served via email to the following:
Cathy Havener Greer
Kathryn A. Starnella
Wells, Anderson & Race, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
T: 303-830-1212
Email: cgreer@warllc.com
Email: kstarnella@warllc.com
Jenny Lopez Filkins
Senior Assistant City Attorney
City of Fort Collins
300 La Porte Avenue
Fort Collins, CO 80521
T: (970) 416-2284
Email: jlopezfilkins@fcgov.com
David R. DeMuro
Vaughan & DeMuro
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
T: 303-837-9200
Email: ddemuro@vaughandemuro.com
Sara L. Cook
Vaughan & DeMuro
111 South Tejon, Suite 545
Colorado Springs, CO 80903
T: 719-578-5500
Email: scook@vaughandemuro.com
s/Gwendolyn O. Burton
Paralegal
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