HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 099 - Plaintiff's Unopposed Motion For Leave To File Consolidated Response1
IN 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, in his individual capacity,
BRANDON BARNES, in his individual capacity,
JOHN HUTTO, in his individual capacity,
CITY OF FORT COLLINS, a municipality,
Defendants.
______________________________________________________________________________
PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO FILE CONSOLIDATED
RESPONSE TO MOTIONS TO DISMISS [DOCS. 96 & 98]
______________________________________________________________________________
Plaintiffs, through counsel, David Lane and Helen Oh of KILLMER, LANE, NEWMAN, LLP,
hereby submit the following Unopposed Motion for Leave for Plaintiffs to file a single,
consolidated response to Defendants’ Motions to Dismiss [Docs. 96 & 98], and state as follows:
1. On January 13, 2020, Defendant Todd Hopkins filed a Motion to Dismiss
Plaintiff’s Fourth Amended Complaint [Doc. 96].
2. On January 16, 2020, Defendants Brandon Barnes, John Hutto, and City of Fort
Collins filed a Motion to Dismiss Plaintiff’s Fourth Amended Complaint [Doc. 98].
3. Plaintiff’s responses to these two motions are due on February 3, 2020 and
February 6, 2020, respectively.
4. Plaintiff respectfully requests leave to file a single consolidated response to these
two motions to dismiss which are 28 pages in length, to be due on February 6, 2020.
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5. Filing a consolidated response is a more efficient way to address the arguments
raised in Defendants' motions to dismiss than filing separate responses because there is some
overlap between the issues raised in those motions.
6. Plaintiff requires up to 28 pages to respond to the motions to dismiss because of
the particular complexity of the legal issues raised in the pending motions, the number of legal
claims at issue, and the number Defendants.
7. If Plaintiff responded to these motions to dismiss separately, they would be
allowed up to 15 pages per response, a total of 30 pages. In the interests of judicial economy, the
consolidated response will be no longer than 28 pages, shorter than this Court’s practice standard
limitation that would collectively apply to two responses.
8. No party will be prejudiced by the relief sought herein.
CERTIFICATION PURSUANT TO D.C.COLO.LCivR. 7.1
Counsel for Plaintiff, Helen Oh certifies that she conferred with counsel for Defendants
regarding the relief requested herein. None of the Defendants oppose the relief.
CONCLUSION
WHEREFORE Plaintiff respectfully requests that the Court to grant leave for Plaintiff to
file a single response to Defendants’ Motions to Dismiss [Docs. 96 & 98], with a deadline of
February 6, 2020, totaling no more than 28 pages, and for any other relief deemed just and
proper.
DATED this 28
th
day of January 2020.
KILLMER, LANE & NEWMAN, LLP
s/ Helen Oh
___________________________
Helen Oh
David Lane
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KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, CO 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
hoh@kln-law.com
dlane@kln-law.com
Counsel for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certify that on January 28, 2020, I filed the foregoing via the CM/ECF system,
which will send notice to the following:
Marni Nathan Kloster
Nicholas C. Poppe
Nathan Dumm & Mayer, PC
7900 E. Union Ave., Ste 600
Denver, CO 80237-2776
303-691-3737
MKloster@ndm-law.com
NPoppe@ndm-law.com
Attorneys for Defendant Todd Hopkins
Mark Ratner
Hall & Evans, LLC
1001 17
th
Street, Ste 300
Denver, CO 80202
303-628-3300
ratnerm@hallevans.com
Attorney for Defendants Barnes, Hutto, and the City of Fort Collins
s/ Jamie Akard
Paralegal
KILLMER, LANE & NEWMAN, LLP
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