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58 Stipulated Motion to Enlarge the Time Within Which to Seek a Continuance - AppealColorado Court of Appeals 2 East 14th Avenue Denver, CO 80203 ____________________________________________ Boulder County 2019CV30637 Petitioner-Appellant: City of Boulder, a Colorado Home Rule City, v. Respondents-Appellees: Public Service Company of Colorado, a Colorado Corporation d/b/a Xcel Energy and Paul Weissman, in his official capacity as Treasurer of Boulder County. FAEGRE DRINKER BIDDLE & REATH, LLP John R. Sperber, No. 22073 Brandee L. Caswell, No. 30706 Sarah M. Kellner, No. 38111 Katharine M. Gray, No. 42331 Matthew D. Clark, No. 44704 1144 Fifteenth Street, Suite 3400 Denver, Colorado 80202 (303) 607-3500 Fax (303) 607-3600 jack.sperber@faegredrinker.com brandee.caswell@faegredrinker.com sarah.kellner@faegredrinker.com katie.gray@faegredrinker.com matthew.clark@faegredrinker.com Attorneys for Public Service Company of Colorado Court of Appeals Case Number: 2019CA1940 STIPULATED MOTION TO ENLARGE THE TIME WITHIN WHICH TO SEEK A CONTINUANCE 2 Petitioner-Appellant City of Boulder (“Boulder”) and Respondent-Appellee Public Service Company of Colorado (“PSCo”) hereby file this Stipulated Motion to Enlarge the Time within which to Seek a Continuance and state as follows: 1. On October 16, 2020, this Court issued its Notice of Oral Argument (“Notice”) setting oral argument via WebEx in this matter for December 2, 2020 at 1:30 p.m. 2. THE DATE OF THIS NOTICE. 3. On September 2, 2020, Boulder and PSCo entered into a conditional Settlement Agreement that could lead to the dismissal of this appeal. 4. Specifically, Boulder and PSCo agreed to enter into a new Franchise Agreement in lieu of continued litigation concerning the electric distribution system in Boulder. The Franchise Agreement must be approved by Boulder’s electorate at the November 3, 2020 election 1 1 The Franchise Agreement appears as issue 2C on the ballot. 3 and the Settlement Agreement become effective. 5. then the Settlement Agreement obligates the parties to dismiss this appeal. 6. The parties will be prepared to proceed with oral argument as scheduled in the event of a “No” vote on Ballot Issue 2C (i.e., Boulder’s voters reject the Franchise Agreement) and therefore are not seeking a continuance at this time. 7. However, the parties respectfully request that the Court enlarge the time within which they may seek a continuance of the oral argument in this matter, until November 10, 2020, so that oral argument can be postponed in the event that Ballot Issue 2C passes and dismissal of this lawsuit remains a possibility pending approval of the Franchise A . 8. The undersigned had been authorized by counsel for Boulder to file this as a stipulated motion. 4 Wherefore, Boulder and PSCo respectfully request that the Court issue an order granting the parties until November 10, 2020 to request a continuance of the oral argument currently scheduled for December 2, 2020 at 1:30 p.m. Respectfully submitted this 23rd day of October 2020. FAEGRE DRINKER BIDDLE & REATH, LLP s/ Matthew D. Clark Matthew D. Clark, No. 44704 5 CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of October 2020, a true and correct copy of the STIPULATED MOTION TO ENLARGE THE TIME WITHIN WHICH TO SEEK A CONTINUANCE was served via the Colorado Courts E-Filing System upon all counsel of record. s/ Paul D. Bryant Paul D. Bryant, Legal Administrative Assistant