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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 107 - Partially Unopposed Motion For Extension Fo Time And Extension Of Page Limit1 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, BRANDON BARNES, JOHN HUTTO, and FORT COLLINS POLICE DEPARTMENT Defendants. ______________________________________________________________________________ PARTIALLY UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTIONS TO DISMISS AND REQUEST FOR EXTENSION OF PAGE LIMIT ______________________________________________________________________________ Plaintiff, by and through his attorneys, David Lane and Helen Oh, hereby submit the following Partially Unopposed Third Motion for Extension of Time to File Plaintiff’s Responses to Defendants’ Motions to Dismiss and state as follows: 1. Defendant Hopkins filed his Motion to Dismiss on January 13, 2020. [Doc. 96]. 2. Defendants City of Fort Collins, Brandon Barnes, and John Hutto filed their Motion to Dismiss on January 16, 2020 [Doc. 98]. 3. Undersigned counsel’s response is due on February 27, 2020. [Doc. 100]. 4. Plaintiff’s counsel is diligently reviewing the filings in this matter and preparing responses to all Defendants’ Motions to Dismiss, but needs an additional two days, up to and including March 2, 2020, to fully prepare the response. Case 1:18-cv-03112-RBJ-STV Document 107 Filed 02/27/20 USDC Colorado Page 1 of 4 2 5. In addition to the usual press of business, undersigned counsel David Lane has been appointed to a federal death penalty case in the Western District of Texas and this has consumed a considerable amount of his time. 6. In addition to the usual press of business, undersigned counsel Helen Oh has been preparing for an emergency discovery conference due to numerous discovery disputes in Kerns v. Southwest Colorado Mental Health Center, 1:18-cv-02962-WJM-SKC, which has taken a substantial amount of her time. 7. Plaintiff also requests a five-page extension for a total of thirty-three pages to respond to both motions, in one consolidated response, because of the number of legal claims at issue, the particular complexity and number of legal issues raised, and the number of Defendants. 8. No party will be prejudiced by the relief sought herein. CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 7.1 9. Undersigned counsel hereby certifies that she conferred with counsel on February 27, 2020. Counsel for Defendant Hopkins does not oppose the relief requested. Counsel for Defendants Hutto, Barnes, and the City of Fort Collins take no position on the extension of time, and oppose the page limit extension. CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 6.1(c) 8. Counsel for Plaintiff, David A. Lane and Helen Oh, certify that a copy of this Motion will be served contemporaneously on Defendants upon the filing of this Motion. WHEREFORE, Plaintiffs respectfully request that the Court grant his Motion for Extension of Time to File Responses to Defendants’ Motions to Dismiss, up to and including March 2, 2020, and Request for a 5-page Extension of Page Limit, to total thirty-three pages, and for any other relief deemed just and proper. Case 1:18-cv-03112-RBJ-STV Document 107 Filed 02/27/20 USDC Colorado Page 2 of 4 3 Respectfully submitted this 27 th day of February 2020. KILLMER, LANE & NEWMAN, LLP s/ Helen Oh ________________________ Helen Oh David A. Lane 1543 Champa Street, Suite 400 Denver, Colorado 80202 Phone: (303) 571-1000 dlane@kln-law.com Counsel for Plaintiffs Case 1:18-cv-03112-RBJ-STV Document 107 Filed 02/27/20 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE I certify that on this 27 th day of February 2020 I filed a true and correct copy of the foregoing via CM/ECF which will generate e-mailed 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 Counsel for Defendant Todd Hopkins Mark Ratner Hall & Evans, LLC 1001 17 th Street, Ste 300 Denver, CO 80202 303-628-3300 ratnerm@hallevans.com Counsel for Defendants Barnes, Hutto, and the City of Fort Collins s/ Jamie Akard Paralegal Case 1:18-cv-03112-RBJ-STV Document 107 Filed 02/27/20 USDC Colorado Page 4 of 4