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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 092 - Unopposed Joint Motion For Extension Of Time To Submit Responsive Pleading To Fourth Amended ComplaintIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:18-CV-03112-RBJ-STV SEAN SLATTON, Plaintiff, v. TODD HOPKINS, BRANDON BARNES, JOHN HUTTO, CITY OF FORT COLLINS Defendants. UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT RESPONSIVE PLEADING TO PLAINTIFF’S FOURTH AMENDED COMPLAINT The Defendants, by and through their respective attorneys, hereby submit the following unopposed Motion for Extension of Time to Submit a Responsive Pleading to Plaintiff’s Fourth Amended Complaint, and in support state as follows: 1. Counsel for Defendant Hopkins conferred on behalf of the Defendants with counsel for the Plaintiff, who does not oppose the relief sought in this Motion. All of the Defendants join in this Motion. 2. The Plaintiff’s Fourth Amended Complaint became the operative pleading in this case on December 19, 2019. [ECF 91]. Under F.R.C.P. 15, the deadline for the Defendants to submit responsive pleadings is January 2, 2020. 3. Both of Officer Hopkins counsel are on vacation the week of December 23, 2019. Further, based upon the filing date by Mr. Slatton, the time to confer, prepare and file responsive pleadings spans several holidays. Case 1:18-cv-03112-RBJ-STV Document 92 Filed 12/19/19 USDC Colorado Page 1 of 4 -2- 4. In order to be able to meaningfully confer and comply with the Court’s Practice Standards, the Defendants require an extension of time of an additional fourteen days or, up to and including, January 16, 2020, in which to submit responsive pleadings. 5. The undersigned’s certify that they have served a copy of this Motion on their respective clients. 6. None of the parties nor the Court will be prejudiced by the brief delay sought in this Motion given the holidays and the proceedings to date, and the extension will allow the parties time to confer substantively on any dispositive motions after the holiday break, but before any filings. 7. This is the first extension requested by Defendants specifically as to their responsive pleading to Plaintiff’s Fourth Amended Complaint. WHEREFORE, the Defendants respectfully requests that the Court extend their deadline to submit responsive pleadings to Plaintiff’s Fourth Amended Complaint of up to and including January 16, 2020. Respectfully submitted this 19th of December, 2019. /s/ Marni Nathan Kloster Marni Nathan Kloster Nicholas C. Poppe NATHAN DUMM & MAYER P.C. 7900 E. Union Avenue, Suite 600 Denver, CO 80237-2776 Phone Number: (303) 691-3737 Fax: (303) 757-5106 Attorneys for Defendant Todd Hopkins Case 1:18-cv-03112-RBJ-STV Document 92 Filed 12/19/19 USDC Colorado Page 2 of 4 -3- /s/ Mark Scott Ratner___________ Mark Scott Ratner Hall & Evans LLC-Denver 1001 Seventeenth Street Suite 300 Denver, CO 80202 ratnerm@hallevans.com Attorney for defendants City, Barnes and Hutto Case 1:18-cv-03112-RBJ-STV Document 92 Filed 12/19/19 USDC Colorado Page 3 of 4 -4- CERTIFICATE OF SERVICE I hereby certify that on this 19th day of December, 2019, I electronically filed the foregoing UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT RESPONSIVE PLEADING TO PLAINTIFF’S FOURTH AMENDED COMPLAINT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following at their e-mail addresses:. David A. Lane Helen Oh KILLMER, LANE & NEWMAN, LLP dlane@kln-law.com hoh@kln-law.com ATTORNEYS FOR PLAINTIFFS Mark Scott Ratner Hall & Evans LLC-Denver ratnerm@hallevans.com ATTORNEY FOR DEFENDANT CITY OF FORT COLLINS, BARNES AND HUTTO /s/ Marni Nathan Kloster Marni Nathan Kloster Attorney for Defendants NATHAN DUMM & MAYER P.C. 7900 E. Union Avenue, Suite 600 Denver, CO 80237-2776 Phone Number: (303) 691-3737 Facsimile: (303) 757-5106 MNathan@ndm-law.com Case 1:18-cv-03112-RBJ-STV Document 92 Filed 12/19/19 USDC Colorado Page 4 of 4