IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 10-CV-01569-REB-KMT
ROBERT DURAN,
Plaintiff,
v.
STEVEN KOEHLER, in his official and individual capacity.
Defendant.
OPPOSED MOTION FOR EXPEDITED RULING
DUE TO SEASONAL CHANGE [Doc. # 153]
PLEASE TAKE NOTICE that the Plaintiff, Robert Duran, by and through
undersigned counsel respectfully asks this Court for an expedited ruling on the
indemnification issue. The grounds for this motion are set forth fully herein:
1. Winter is approaching and Robert Duran remains essentially homeless.
2. Unless he gets some money from either the Defendant or Denver, he will
likely spend the Colorado winter outdoors again.
3. Currently pending before this Honorable Court are filings seeking to force the
City and County of Denver to indemnify the Defendant in this matter. [See docs.
Numbers 147 and 148].
4. That issue is fully briefed and is awaiting a decision from this Honorable
Court.
5. Undersigned counsel is well aware of the extremely large caseload carried by
this and other United States district courts in this jurisdiction and under ordinary
circumstances, counsel would not bother this Court for an expedited ruling. The

circumstances facing Mr. Duran, however, are dire.

6. Mr. Duran is HIV positive and suffers from other maladies that were the
subject matter of testimony during the trial before this Court. He has places where he
can sleep from time to time, however as a general rule, he is homeless.
7. With winter fast approaching, Mr. Duran has a real fear that absent shelter,
given his health, he runs a real risk of dying on the streets of Denver. He desperately
seeks resources and the judgment pending before this Court represents his best
chance to survive.
8. Given the desperation of his circumstances, it is most respectfully requested
that this Honorable Court give expedited consideration to the indemnification issue
currently pending before it.
9. Pursuant to Local Rule 7.1, counsel for the City opposes this motion.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an
Order regarding the indemnification issue on an expedited basis.
Respectfully submitted this 8th day of September, 2014.
KILLMER, LANE & NEWMAN, LLC
By: s/ David A. Lane
David A. Lane
1543 Champa Street, #400
Denver, CO 80202
303-571-1000
dlane@kln-law.com
Robert J. Bruce
ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that on September 8, 2014, I electronically filed the foregoing
UNOPPOSED MOTION FOR EXPEDITED CONSIDERATION with the Clerk of Court
using the CM/ECF system, which will send notification of such filing to the following email addresses:
Brian R. Reynolds
Reynolds Law, LLC
600 17th Street, #2800 South
Denver, CO 80202-5428
720-442-8100 = phone
720-442-8101 = fax
brian@reynoldslawllc.com
Jessica Allen
Denver City Attorneys Office
jessica.allen@denvergov.org
KILLMER, LANE & NEWMAN, LLP
s/ Jamie Akard
____________________________
Jamie Akard