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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 084 - City Defendants Unopposed 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 FORT COLLINS POLICE DEPARTMENT’S UNOPPOSED MOTION FOR EXTENSION OF TIME 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., hereby submit the following as their Unopposed Motion for Extension of Time: Certificate of Conferral Undersigned Counsel conferred with Counsel for the Plaintiff in person. Counsel for the Plaintiff indicated no objection to the requested relief. Additionally, this is the first request for an extension of time filed by these Defendants. Case 1:18-cv-03112-RBJ-STV Document 84 Filed 12/13/19 USDC Colorado Page 1 of 5 2 I. INTRODUCTION AND ARGUMENT According to the allegations of his Amended Complaint, Plaintiff Slatton contends the Defendnats used excessive force and unlawfully seized him, violation of his Fourth Amendment rights. On November 22, 2019, the Plaintiff filed his Third Amended Complaint (ECF No. 81) (“Complaint”). A response to the Complaint is due on February 13, 2019. On February 12, 2019, Counsel for the Plaintiff indicated a desire to amend the Complaint to add a claim pursuant to the 14th Amendment to the United States Constitution. Although that particular issue is being discussed among Counsel, it was agreed that any response deadline to the pending Complaint should be extended in order to allow time for (1) the filing of a motion for leave to amend, and; (2) the filing of a response to the amended complaint, should the motion be granted. These Defendants are requesting an extension of time to file a response after determination of Plaintiff’s request to amend the Complaint. An extension of time would ensure these Defendants are responding to the operative Complaint, and therefore avoiding duplicative efforts. II. CONCLUSION WHEREFORE, Defendants Brandon Barnes and the City of Fort Collins request the Court grant their Motion, and extend the time for the filing of a response to the operative Complaint, after determination of Plaintiff’s request for leave to amend. Case 1:18-cv-03112-RBJ-STV Document 84 Filed 12/13/19 USDC Colorado Page 2 of 5 3 DATED this 13th day of December 2019. Respectfully Submitted, s/ Mark S. Ratner Mark S. Ratner, Esq. of HALL & EVANS, L.L.C. 1001 17th Street, Suite 300 Denver, Colorado 80202 Phone: (303) 628-3300 Fax: (303) 628-3368 ratnerm@hallevans.com ATTORNEY FOR DEFENDANTS BRANDON BARNES, JOHN HUTTO, AND THE CITY OF FORT COLLINS Case 1:18-cv-03112-RBJ-STV Document 84 Filed 12/13/19 USDC Colorado Page 3 of 5 4 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 13th day of December, 2019, a true and correct copy of the foregoing DEFENDANTS BRANDON BARNES, JOHN HUTTO AND FORT COLLINS POLICE DEPARTMENT’S UNOPPOSED MOTION TO DISMISS PLAINTIFF’S THIRD AMENDMENT COMPLAINT (ECF No. 81) was served on the following as noted: David A. Lane ( ) First Class Mail 1543 Champa Street, Suite 400 ( ) Hand Delivery Denver, CO 80202 ( ) Facsimile dlane@kln-law.com ( ) Overnight Delivery Attorney for Plaintiff ( ) LexisNexis File & Serve (X) CM/ECF ( ) E-Mail Helen S. Oh ( ) First Class Mail 1543 Champa Street, Suite 400 ( ) Hand Deliver Denver, CO 80202 ( ) Facsimile hoh@kln-law.com ( ) Overnight Delivery Attorney for Plaintiff ( ) LexisNexis File & Serve (X) CM/ECF ( ) E-Mail Defendants The City of Fort Collins ( ) First Class Mail c/o John Duvall ( ) Hand Delivery judvall@fcgov.com ( ) Facsimile ( ) Overnight Delivery ( ) LexisNexis File & Serve ( ) CM/ECF (X) E-Mail Brandon Barnes ( ) First Class Mail c/o John Duvall ( ) Hand Delivery juduvall@fcgov.com ( ) Facsimile ( ) Overnight Delivery ( ) LexisNexis File & Serve ( ) CM/ECF (X) E-Mail Case 1:18-cv-03112-RBJ-STV Document 84 Filed 12/13/19 USDC Colorado Page 4 of 5 5 John Hutto ( ) First Class Mail c/o John Duvall ( ) Hand Delivery juduvall@fcgov.com ( ) Facsimile ( ) Overnight Delivery ( ) LexisNexis File & Serve ( ) CM/ECF (X) E-Mail s/ Annah Hillary, Legal Assistant to Mark S. Ratner, Esq. of Hall & Evans, LLC Case 1:18-cv-03112-RBJ-STV Document 84 Filed 12/13/19 USDC Colorado Page 5 of 5