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