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  • Barry Morphew Civil - Litigation

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    The Chaffee County Defendants filed an unopposed motion for a 14-day extension of their responsive pleading deadline in a civil lawsuit. They requested the extension because the plaintiff is considering dismissing some defendants, which could alter the content of the responsive pleading. The plaintiff's counsel did not oppose the extension request. The motion stated that no party would be prejudiced by the extension and it may save resources given the potential dismissal of some parties.

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    The Chaffee County Defendants filed an unopposed motion for a 14-day extension of their responsive pleading deadline in a civil lawsuit. They requested the extension because the plaintiff is considering dismissing some defendants, which could alter the content of the responsive pleading. The plaintiff's counsel did not oppose the extension request. The motion stated that no party would be prejudiced by the extension and it may save resources given the potential dismissal of some parties.

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    Public Domain
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    Download as pdf or txt
    171 views4 pages

    Barry Morphew Civil - Litigation

    Uploaded by

    Matt Blac inc.
    The Chaffee County Defendants filed an unopposed motion for a 14-day extension of their responsive pleading deadline in a civil lawsuit. They requested the extension because the plaintiff is considering dismissing some defendants, which could alter the content of the responsive pleading. The plaintiff's counsel did not oppose the extension request. The motion stated that no party would be prejudiced by the extension and it may save resources given the potential dismissal of some parties.

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    of 4

    Case No.

    1:23-cv-01108-DDD-SKC Document 93 filed 10/12/23 USDC Colorado pg 1 of 4

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLORADO

    Civil Action No. 1:23-CV-01108-DDD-SKC

    BARRY MORPHEW

    Plaintiff,

    v.

    CHAFFEE COUNTY, COLORADO, ET AL.,

    Defendants.

    UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT A RESPONSIVE


    PLEADING

    Defendants, Chaffee County, Colorado, Board of County Commissioners of Chaffee

    County, Colorado, Chaffee County Sheriff’s Department, Chaffee County Sheriff John Spezze,

    Chaffee County Undersheriff Andrew Rohrich, Chaffee County Sheriff’s Detective Robin

    Burgess, Chaffee County Sheriff’s Deputy Randy Carricato, and Chaffee County Sheriff’s

    Sergeant William Plackner (collectively the “Chaffee County Defendants”), by and through their

    attorneys J. Andrew Nathan and Nicholas C. Poppe of Nathan Dumm & Mayer P. C., Unopposed

    Motion for Extension of Time to Submit a Responsive Pleading, and state as follows:

    1. The undersigned conferred with counsel for Mr. Morphew, who does not oppose

    the relief sought herein.

    2. The Chaffee County Defendants’ responsive pleading deadline is October 13,

    2023.
    Case No. 1:23-cv-01108-DDD-SKC Document 93 filed 10/12/23 USDC Colorado pg 2 of 4

    3. On October 12, counsel for Mr. Morphew contacted the undersigned and advised

    that Mr. Morphew is considering the dismissal of certain Chaffee County Defendants.

    4. Because the dismissal of certain Chaffee County Defendants may alter the

    responsive pleading of the remaining Defendants, the Chaffee County Defendants seek an

    extension of time to submit a responsive pleading.

    5. The Chaffee County Defendants seek a two-week extension of time, up to and

    including October 27, 2023, in which to provide a responsive pleading.

    6. No party will be prejudiced by this extension, which will likely save municipal

    and judicial resources in light of the anticipated dismissal of certain parties.

    7. The undersigned affirms that a copy of this Motion has been served on his clients.

    DATED this 12th day of October, 2023.

    s/Nick Poppe _______________________________


    J. Andrew Nathan
    Nicholas C. Poppe
    NATHAN DUMM & MAYER P. C.
    7900 E. Union Avenue, Suite 600
    Denver, CO 80237-2776
    Telephone: (303) 691-3737
    Facsimile: (303) 757-5106
    ATTORNEYS FOR CHAFFEE COUNTY
    DEFENDANTS

    2
    Case No. 1:23-cv-01108-DDD-SKC Document 93 filed 10/12/23 USDC Colorado pg 3 of 4

    CERTIFICATE OF SERVICE

    I hereby certify that on 12th day of October, 2023 I electronically filed the foregoing
    MOTION FOR EXTENSION using the CM/ECF system which will send notification of such
    filing to the following:

    Jane Holse Fisher-Byrialsen Scott Aaron Neckers


    David Nathan Fisher Robert I. Lapidow
    Fisher & Byrialsen PLLC Sarah A. Thomas
    4600 South Syracuse Street, 9th Floor Overturf McGath & Hull, P.C.
    Denver, CO 80237 625 East 16th Avenue, Suite 100
    303-256-6345 Denver, CO 80203
    Fax: 303-954-0573 303-860-2848
    Email: [email protected] Fax: 303-860-2869
    Email: [email protected] Email: [email protected]
    Attorney for Plaintiff Email: [email protected]
    Email: [email protected]
    Hollis Ann Whitson Attorney for Defendant Cahill
    Samler & Whitson, P.C.
    1600 Stout Street, Suite 1400 William Thomas O'Connell , III
    Denver, CO 80202 Wells Anderson & Race, LLC
    303-670-0575 1700 Broadway, Suite 900
    Fax: 303-534-5721 Denver, CO 80290
    Email: [email protected] 303-830-1212
    Attorney for Plaintiff Fax: 303-830-0898
    Email: [email protected]
    Iris Eytan Attorney for Defendants Walker and Lindsey
    Eytan Law LLC
    2701 Lawrence Street, Suite 108 Jennifer Hunt Assistant Attorney General
    Denver, CO 80205 Dmitry B. Vilner, Assistant. Attorney
    720-440-8155 General II
    Fax: 720-440-8156 Kathleen L. Spalding, Sr. Assistant Attorney
    Email: [email protected] General
    Attorney for Plaintiff Civil Litigation and Employment Law Section
    1300 Broadway, 10th Floor
    Andrew R. McLetchie Denver, CO 80203
    Rachel L. Bradley (720) 508-6215, [email protected]
    Eden R. Rolland (720) 508-6645, [email protected]
    Fowler, Schimberg, Flanagan & McLetchie, (720) 508-6000, [email protected]
    P.C. Attorneys for CBI Defendants
    350 Indiana Street, Suite 601
    Golden, CO 80401
    Phone: (303) 298-8603
    Email: [email protected]

    3
    Case No. 1:23-cv-01108-DDD-SKC Document 93 filed 10/12/23 USDC Colorado pg 4 of 4

    Email: [email protected] Eric M. Ziporin


    Email: [email protected] Jonathan N. Eddy
    Attorneys for Defendants Himschoot, Courtney B. Kramer
    Hysjulien SGR, LLC
    3900 East Mexico Avenue, Suite 700
    Leslie L. Schluter Denver, CO 80210
    Sophia A. N. Fernald Telephone: (303) 320-0509
    DAGNER|SCHLUTER|WERBER LLC Email: [email protected]
    8400 East Prentice, Suite 1401 Email: [email protected]
    Greenwood Village, CO 80111 Email: [email protected]
    Telephone: (303) 221-4661 Attorneys for Defendant Deputy District
    [email protected] Attorney Hurlbert
    [email protected]
    Attorneys for Defendant Stanley Reginald M. Skinner
    Senior Trial Attorney
    Virigina State Bar No. 48785
    United States Department of Justice
    Civil Division, Torts Branch
    P.O. Box 7146, Ben Franklin Station
    Washington, D.C. 20044
    (202) 616-3111
    [email protected]
    Attorneys for FBI Defendants

    s/Nick Poppe _______________________________


    J. Andrew Nathan
    Nicholas C. Poppe
    NATHAN DUMM & MAYER P.C.
    7900 E. Union Avenue, Suite 600
    Denver, CO 80237-2776
    Telephone: (303) 691-3737
    Facsimile: (303) 757-5106
    [email protected]
    [email protected]
    ATTORNEYS FOR CHAFFEE COUNTY
    DEFENDANTS

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