HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 060 - City Defendants' Response To Plaintiff's Second Motion For Extension Of TimeIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff
v.
TODD HOPKINS, BRANDON BARNES, JOHN HUTTO
and FORT COLLINS POLICE DEPARTMENT
Defendants.
DEFENDANTS BRANDON BARNES, JOHN HUTTO AND THE CITY OF FORT
COLLINS, SUED AS THE “FORT COLLINS POLICE DEPARTMENT”, RESPONSE TO
PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME (ECF No. 56)
Defendants, Brandon Barnes, John Hutto, and the City of Fort Collins, sued as the “Fort
Collins Police Department,” through their Attorneys, Mark S. Ratner, Esq., and Hall & Evans,
L.L.C., submit the following as their Response to Plaintiff’s Second Motion for Extension of Time
(ECF No. 56) as follows:
I. INTRODUCTION AND ARGUMENT
On August 6, 2019, the Plaintiff filed a second Motion for Extension of Time, which sought
an additional 21-days in which to file a response to the Defendants’ Motion to Dismiss. The
Plaintiff supports his Motion in part, by indicating the body-cam videos and surveillance footage,
were “corrupted.” Plaintiff’s statements create a false impression, thereby necessitating this
response.
In particular, the Plaintiff received the videos on or about July 19, 2019. However, he did
not notify undersigned Counsel about the purportedly damaged files until yesterday, August 6,
Case 1:18-cv-03112-RBJ-STV Document 60 Filed 08/07/19 USDC Colorado Page 1 of 3
2019. Plaintiff’s statements create the false impression Counsel was somehow notified of the
“corrupted files” but failed to address the issue. Undersigned Counsel is now in the process of
providing a new set of videos.
Pro Se Plaintiff indicates Counsel objects to his Motion. This is also incorrect, as undersigned
Counsel indicated the City of Fort Collins, Brandon Barnes, and John Hutto, do not take a position
with respect to the requested relief.
Respectfully submitted this 7th
day of August 2019.
/s/ Mark S. Ratner
Mark S. Ratner
Hall & Evans, L.L.C.
1001 17th
Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANTS
BRANDON BARNES, JOHN
HUTTO, AND THE CITY OF FORT
COLLINS, SUED AS THE CITY OF
FORT COLLINS POLICE
DEPARTMENT
Case 1:18-cv-03112-RBJ-STV Document 60 Filed 08/07/19 USDC Colorado Page 2 of 3
CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 7th
day of August 2019, I electronically filed the
foregoing DEFENDANTS BRANDON BARNES, JOHN HUTTO AND THE CITY OF FORT
COLLINS, SUED AS THE “FORT COLLINS POLICE DEPARTMENT”, RESPONSE TO
PLAINTIFF’S SECOND MOTION FOR EXTENSION OF TIME (ECF No. 53) with the Clerk of
Court using the CM/ECF system and mailed a copy to the following:
Sean Slatton
951 20th
Street. #8971
Denver, CO 80202
Marni Nathan Kloster
Nicholas C. Poppe
Nathan Dumm & Mayer, P.C.
MKloster@ndm-law.com
NPoppe@ndm-law.com
/s/ Mary McNichols
Legal Assistant
Case 1:18-cv-03112-RBJ-STV Document 60 Filed 08/07/19 USDC Colorado Page 3 of 3