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.
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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.
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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
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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
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