Loading...
004 PSCo Unopposed Mtn for Enlargement of Time and Proposed Order1 US.123858261.05 DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: 1777 6TH Street, Boulder Colorado 80302 303-441-3750 _________________________________________________ Petitioner: THE CITY OF BOULDER, a Colorado Home Rule City, v. Respondents: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation, d/b/a XCEL ENERGY; MORGAN GUARANTY TRUST COMPANY OF NEW YORK; and PAUL WEISSMANN, in his official capacity as Treasurer of Boulder County. _________________________________________________ Attorneys for Respondent, Public Service Company of Colorado Jack R. Sperber, Atty. Reg. No. 22073 Sarah M. Kellner, Atty. Reg. No. 38111 FAEGRE BAKER DANIELS LLP 1144 Fifteenth Street, Suite 3400 Denver, Colorado 80202 Telephone: (303) 607-3500 Fax: (303) 607-3600 jack.sperber@FaegreBD.com sarah.kellner@FaegreBD.com COURT USE ONLY __________________________ Case Number: 19 CV 30637 Division: 5 RESPONDENT, PUBLIC SERVICE COMPANY OF COLORADO’S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE PETITION IN CONDEMNATION UNTIL AUGUST 2, 2019 Respondent, Public Service Company of Colorado (“PSCo”) through its counsel, Faegre Baker Daniels LLP, hereby files this Unopposed Motion for Enlargement of Time to Answer or Otherwise Respond to The City of Boulder’s (“Boulder”) Petition in Condemnation up to and including August 2, 2019. 2 US.123858261.05 CERTIFICATE OF CONFERRAL Pursuant to C.R.C.P. 121(c), § 1-15(8), undersigned counsel for PSCo certifies that on July 15, 2019 he conferred with counsel for Boulder, Donald Ostrander, who stated that Boulder does not oppose this Motion. MOTION 1. Boulder filed its Petition in Condemnation on June 28, 2019 and served PSCo with part of that Petition on the same day. Assuming but not conceding that service was proper,1 PSCo’s deadline to answer, move, and/or otherwise respond to the Petition would therefore be July 19, 2019. 2. PSCo requests additional time to respond as Boulder filed the Petition in Condemnation the Friday before the 4th of July holiday week, and PSCo just recently received Boulder’s Exhibit 4 to the Petition in Condemnation. 3. For these reasons, PSCo seeks an unopposed two-week extension of time up to and including August 2, 2019 within which to answer, move, and/or otherwise respond to Boulder’s Petition in Condemnation. 4. PSCo reserves the right to seek additional extensions of time if issues relating to the use of the exhibits Boulder identified in its Petition containing confidential and highly 1It was not until July 15 that PSCo received a copy of Exhibit 4 to the Petition in Condemnation, delivered via FedEx to undersigned counsel by the City in an encrypted flash drive containing GIS mapping materials that purportedly depict which of PSCo’s facilities and real property interests Boulder intends to condemn. While FedEx delivery to counsel does not constitute proper service, PSCo is willing to accept informal service if it is granted the relief requested herein. 3 US.123858261.05 confidential information pursuant to controlling PUC Orders is not resolved. See PSCo’s Response to Petitioner’s Motion for Protective Order. 5. Good cause exists for setting August 2, 2019 as PSCo’s deadline, and no party will be prejudiced by this request. DATED this 17th day of July, 2019. FAEGRE BAKER DANIELS LLP /s/ John R. Sperber John R. Sperber, Atty. Reg. No. 22073 Attorneys for Respondent Public Service Company of Colorado 4 US.123858261.05 CERTIFICATE OF SERVICE The undersigned certifies that on July 17, 2019, a copy of the foregoing Unopposed Motion for Enlargement of Time to Answer or Otherwise Respond to the Petition in Condemnation was served on the following by the methods listed below: Attorneys for Petitioner, City of Boulder: Office of the Boulder City Attorney Thomas A. Carr Kathleen E. Haddock P.O. Box 791 Boulder, CO 80306 carrt@bouldercolorado.gov haddockk@bouldercolorado.gov ( ) First Class Mail ( ) Hand Delivery ( ) Overnight Delivery (X ) CCES ( ) E-Mail Hamre, Rodriguez, Ostrander & Dingess, PC Donald M. Ostrander Richard F. Rodriguez 3600 S. Yosemite Street, Suite 500 Denver, CO 80237 dostrander@hrodlaw.com rrodriguez@hrodlaw.com ( ) First Class Mail ( ) Hand Delivery ( ) Personal Service ( ) Overnight Delivery (X ) CCES ( ) E-Mail /s/Lisa Riggenbach Legal Administrative Assistant DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: 1777 6TH Street, Boulder Colorado 80302 303-441-3750 _________________________________________________ Petitioner: THE CITY OF BOULDER, a Colorado Home Rule City, v. Respondents: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation, d/b/a XCEL ENERGY; MORGAN GUARANTY TRUST COMPANY OF NEW YORK; and PAUL WEISSMANN, in his official capacity as Treasurer of Boulder County. COURT USE ONLY __________________________ Case Number: 19 CV 30637 Division: 5 [PROPOSED] ORDER REGARDING PSCO’S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE PETITION IN CONDEMNATION UNTIL AUGUST 2, 2019 This matter is before the Court on Respondent, Public Service Company of Colorado’s Unopposed Motion for Enlargement of Time to Answer or Otherwise Respond to the Petition in Condemnation Until August 2, 2019 (the “Motion”). THE COURT having reviewed the Motion and being fully advised in the premises, does hereby GRANT the Motion. Respondent, Public Service Company of Colorado shall have until August 2, 2019 to answer or otherwise respond to the Petition in Condemnation. DATED:_____________ BY THE COURT: _____________________________ District Court Judge