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032 Stipulated Motion for Extension of Deadlines and Proposed OrderDISTRICT COURT, BOULDER COUNTY, COLORADO Boulder County Justice Center 1777 6th Street Boulder, Colorado 80302 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 Petitioner, City of Boulder: Donald M. Ostrander, No. 12458 Richard F. Rodriguez, No. 25105 Hamre, Rodriguez, Ostrander & Dingess, PC 3600 S. Yosemite Street, Suite 500 Denver, Colorado 80237 Phone Number: 303.779.0200 Fax Number: 303.779.3662 Email: dostrander@hrodlaw.com; rrodriguez@hrodlaw.com Office of the Boulder City Attorney Thomas A. Carr, No. 42170, City Attorney Kathleen E. Haddock, No. 16011, Senior Counsel P.O. Box 791 Boulder, CO 80306 Phone Number: 303.441.3020 Fax Number: 303.441.3859 Email: carrt@bouldercolorado.gov ; haddockk@bouldercolorado.gov Attorneys for Respondent, Public Service Company of Colorado John R. Sperber, No. 22073 Sarah M. Kellner, No. 38111 Faegre Baker Daniels LLP 1144 Fifteenth Street, Suite 3400 Denver, Colorado 80202 Phone Number: 303.607.3500 Fax Number: 303.607.3600 Email: jack.sperber@FaegreBD.com ; sarah.kellner@FaegreBD.com  COURT USE ONLY  Case No. 2019CV030637 Division: 5 STIPULATED MOTION FOR EXTENSION OF DEADLINES DATE FILED: September 18, 2019 4:19 PM FILING ID: F6DE4DB84E284 CASE NUMBER: 2019CV30637 2 Petitioner the City of Boulder (“City”) and Respondent Public Service Company of Colorado d/b/a Xcel Energy (“PSCo”) respectfully file this Stipulated Motion for Extension of Deadlines. CERTIFICATION REGARDING CONFERRAL PER C.R.C.P. 121 § 1-15(8) The City and PSCo stipulate to the relief sought in this Stipulated Motion. There are also two additional named parties in this case: Morgan Guaranty Trust Company of New York and Paul Weissmann in his official capacity as treasurer of Boulder County. Morgan Guaranty Trust Company of New York has not entered an appearance in this case. Paul Weissman filed a Response to the Petition in Condemnation on July 22, 2019 stating that his sole interest in this action relates to the collection of property taxes, and that he has no objection to the maintenance of this condemnation action. Accordingly, neither of these parties was consulted on this Motion. ARGUMENT 1. On September 4, 2019, this Court entered an Order granting PSCo’s Motion to Dismiss First Amended Petition for Lack of Subject Matter Jurisdiction Pursuant to Colo. R. Civ. P. 12(b)(1). 2. Per C.R.C.P. 121, § 1-15(11) and C.R.C.P. 59, a motion for reconsideration would be due September 18, 2019. That deadline can be extended for good cause. C.R.C.P. 121, § 1- 15(11); see also C.R.C.P. 59(a) (allowing the Court to extend the deadline for filing post-trial motions); C.R.C.P. 6(b) (allowing for an enlargement of time). Likewise, C.R.C.P. 60(b) allows the court to entertain motions for reconsideration of final judgments filed within a reasonable time. 3. Per C.R.C.P. 121, § 1-22(2)(b), a party seeking attorney fees must file a motion for fees “within 21 days of entry of judgment or for such greater time as the court may allow.” 3 Accordingly, PSCo’s motion for attorney fees and costs pursuant to C.R.S. § 38-1-122(1) would be due September 25, 2019. 4. Petitioner and Respondent have entered into discussions about issues related to these various motions that may lead to the potential resolution of some or parts of them, but they need additional time and information to complete those discussions. Thus, Petitioner and Respondent request a seven day extension of time for each of the respective deadlines identified above. Specifically, Petitioner would have up to and including September 25, 2019 to file is motion for reconsideration, and Respondent would have up to and including October 2, 2019 to file its motion for attorney fees and costs. 5. These extensions would not be unfairly prejudicial to the opposing party. On the other hand, denying these extensions would unnecessarily cause unfair prejudice. 6. A proposed Order is being submitted herewith. Respectfully submitted this 18th day of September, 2019. BOULDER CITY ATTORNEY’S OFFICE Thomas A. Carr, No. 42170, City Attorney Kathleen E. Haddock, No.16011,Senior Counsel HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C. /S/ DONALD M. OSTRANDER’S DULY SIGNED PHYSICAL COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICE OF HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C. PURSUANT TO CRCP RULE 121, SECTION 1-26(9) By: Donald M. Ostrander, No. 12458 Richard F. Rodriguez, No. 25105 ATTORNEYS FOR PETITIONER FAEGRE BAKER DANIELS, LLP /S/ JACK R. SPERBER’S DULY SIGNED PHYSICAL COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICE OF FAEGRE BAKER DANIELS, LLP. PURSUANT TO CRCP RULE 121, SECTION 1-26(9) By: Jack R. Sperber, No. 22073 Sarah M. Kellner, No. 38111 ATTORNEYS FOR RESPONDENT PUBLIC SERVICE COMPANY OF COLORADO 4 CERTIFICATE OF DELIVERY I hereby certify that on the 18th day of September, 2019, a true and correct copy of the foregoing STIPULATED MOTION FOR EXTENSION OF DEADLINES AND PROPOSED ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF DEADLINES was sent via Colorado Courts E-Filing or sent via e-mail or placed in the United States mail, first class, postage prepaid, and properly addressed to the following: John R. Sperber Sarah M. Kellner Brandee L. Caswell Matthew Dumont Clark Katharine M. Gray Sean J. Metherell FAEGRE BAKER DANIELS LLP 1144 Fifteenth Street, Suite 3400 Denver, Colorado 80202 jack.sperber@faegreBD.com sarah.kellner@faegreBD.com brandee.caswell@faegreBD.com matthew.clark@faegreBD.com katharine.gray@faegreBD.com sean.metherell@faegreBD.com Attorneys for Public Service Company of Colorado Olivia D. Lucas Boulder County Attorney’s Office P.O. Box 471 Boulder, CO 80306 olucas@bouldercounty.org Respondent Paul Weissmann, in His Official Capacity As Treasurer Of Boulder County MORGAN GUARANTY TRUST COMPANY OF NEW YORK Registered Agent: CT Corporation 4400 Easton Commons Columbus, OH 43219 HAMRE, RODRIGUEZ, OSTRANDER & DINGESS, P.C. /s/ Lori A. Argo By: DISTRICT COURT, BOULDER COUNTY, COLORADO Boulder County Justice Center 1777 6th Street Boulder, Colorado 80302 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 No. 2019CV030637 Division: 5 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF DEADLINES The Court, upon the Stipulated Motion for Extension of Deadlines, being fully advised, hereby GRANTS the Stipulated Motion. It is hereby ORDERED that any motion by Petitioner to reconsider this Court’s Order granting PSCo’s Motion to Dismiss First Amended Petition for Lack of Subject Matter Jurisdiction Pursuant to Colo. R. Civ. P. 12(b)(1) is due on or before September 25, 2019, and that any motion by Respondent PSCo for attorney fees and costs pursuant to C.R.S. § 38-1-122(1) is due on or before October 2, 2019. Done this _________ of __________________, 2019. BY THE COURT: __________________________ DISTRICT COURT JUDGE cc: Attorneys or parties of record. DATE FILED: September 18, 2019 4:19 PM FILING ID: F6DE4DB84E284 CASE NUMBER: 2019CV30637