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HomeMy WebLinkAbout2019CV2848 - KIMBERLY CHANCELLOR V. CITY OF FORT COLLINS AND STEPHAN SPARACIO - 009 - CITY DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINTIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 19-cv-02848-LTB KIMBERLY CHANCELLOR, Plaintiff, v. CITY OF FORT COLLINS, a municipality, and STEVEN SPARACIO, in his individual capacity, and Defendants. _____________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE DEFENDANT CITY OF FORT COLLINS’ RESPONSE TO PLAINTIFF’S COMPLAINT AND JURY DEMAND ______________________________________________________________________ Defendant City of Fort Collins, by its attorneys, Hall & Evans, L.L.C., hereby moves for an extension of time to submit its Response to Plaintiff Kimberly Chancellor’s Complaint and Jury Demand, and states as follows: 1. Certificate of Conferral: Pursuant to D.C.COLO.LCivR 7.1(b)(1), the undersigned conferred with Counsel for Plaintiff who indicate they do not oppose the relief requested herein. 2. On October 4, 2019, Ms. Chancellor filed her Complaint. [Doc. #1]. 3. On October 11, 2019 Plaintiff served Defendant City of Fort Collins with the Summons and Complaint. The City of Fort Collins also executed a Waiver of Service on that date. Case 1:19-cv-02848-LTB-NRN Document 9 Filed 12/10/19 USDC Colorado Page 1 of 4 2 4. Defendant’s response is currently due on December 10, 2019. 5. Defendant respectfully requests a two-day extension of time until December 12, 2019, to submit its response to Plaintiff’s Complaint. This extension of time is necessary to properly investigate the factual bases underlying the Plaintiff’s Complaint and to confer with the relevant officials from the City of Fort Collins concerning its response. Furthermore, the undersigned counsel requires additional time to analyze the claims and applicable defenses, and to formulate a strategy for Defendant’s response. 6. Defendant’s request for an extension of time will not delay the proceedings or prejudice the parties as this lawsuit has just commenced. 7. Pursuant to D.C.COLO.LCivR 6.1(b), Defendant states this is the first extension of time requested by Defendant City of Fort Collins in this matter, and no other extension of time has been granted by this Court for either of the other parties. 8. Certificate of Compliance: Pursuant to D.C.COLO.LCivR 6.1(c), a copy of this Motion is being served contemporaneously on John Duval, Esq., Deputy City Attorney for the City of Fort Collins. WHEREFORE, Defendant City of Fort Collins respectfully requests the Court grant its unopposed motion for extension of time file its response to Plaintiff’s Complaint and to extend the date to respond to December 12, 2019. DATED this 10th day of December 2019. Case 1:19-cv-02848-LTB-NRN Document 9 Filed 12/10/19 USDC Colorado Page 2 of 4 3 Respectfully submitted, 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 ATTORNEY FOR DEFENDANT CITY OF FORT COLLINS Case 1:19-cv-02848-LTB-NRN Document 9 Filed 12/10/19 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 10th day of December, 2019, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Lane Killmer, Lane & Newman, LLP 1543 Champa St, Suite 400 Denver, CO 80202 303-571-1000 Phone 303-571-1001 Fax dlane@kln-law.com Attorney for Plaintiff Marni Nathan Kloster Nicholas Christaan Poppe Nathan Dumm & Mayer PC 7900 East Union Avenue Denver Corporate Center III Suite 600 Denver, CO 80237-2776 303-691-3737 Fax: 303-757-5106 mkloster@ndm-law.com npoppe@ndm-law.com Attorneys for Defendant Stephen Sparacio s/ Robin Havens, Legal Assistant 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 ATTORNEY FOR DEFENDANT CITY OF FORT COLLINS Case 1:19-cv-02848-LTB-NRN Document 9 Filed 12/10/19 USDC Colorado Page 4 of 4