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Home My WebLink About2023-cv-1339 - Groves v. City of Fort Collins, et al - 020 - Joint Motion Extension Of TimeIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:23-cv-1339-RM-STV Derrick Groves, Plaintiff. v. City of Fort Collins; Jason Haferman; Sergeant Allen Heaton; and Corporal Redacted. Defendants. JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME Plaintiff and Defendants, through their respective Counsel, submit the following as their Joint Unopposed Motion to for Extension of Time: CERTIFICATE OF CONFERRAL All Counsel conferred with each other regarding the relief requested herein, and there are no objections. Therefore, the Motion is unopposed. 1. Plaintiff Derrick Groves (“Plaintiff”) initiated this lawsuit on May 3, 2023, against the Defendants, in the Larimer County District Court, State of Colorado, captioned Derrick Groves v. City of Fort Collins, Jason Haferman, Sergeant Allen Heaton, and Corporal Redacted. The matter was subsequently removed to this Court on May 26, 2023 (See ECF 1). 2. According to the allegations of the Complaint, Plaintiff claims he was wrongfully arrested by former Fort Collins Police Officer, Defendant Jason Haferman. Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 1 of 6 2 The Complaint also alleges the City of Fort Collins and Sergeant Heaton failed to supervise and train Mr. Haferman. In particular, Plaintiff’s Complaint alleges the following claims: Against Defendant Haferman: violation of C.R.S. § 13-21-131 – Arrest without Probable Cause; violation of C.R.S. § 13-21-131 – Violation of Due Process Malicious Prosecution; violation of 42.U.S.C. § 1983 – Malicious Prosecution; Against all Defendants: violation of 42 U.S.C. § 1983 - Unlawful Arrest without Probable Cause – Individual, Failure-to- Supervise/Train, Unconstitutional Pattern/Practice under Monell, Violation of Fourth Amendment Due Process. 3. In addition to this matter, there are four other lawsuits against the City of Fort Collins, Sergeant Heaton, and Jason Haferman, arising out of alleged wrongful arrests made by Mr. Haferman. (See Notice of Related Cases, ECF 2). Each of the following matters were also removed on May 26, 2023, and are currently pending in the United States District Court, District of Colorado: • Cody Erbacher v. City of Fort Collins; Jason Haferman; Sergeant Allen Heaton; and Corporal Redacted; 1:23-cv-01341-CNS-NRN. • Jesse Cunningham v. City of Fort Collins; Jason Haferman; Sergeant Allen Heaton; and Corporal Redacted; 1:23-cv-01342-SBP. • Harris Elias v. City of Fort Collins; Jason Haferman; Sergeant Allen Heaton; and Corporal Redacted, 1:23-cv-01343-GPG-KLM, and; • Carl Sever v. City of Fort Collins; Jason Haferman; Sergeant Allen Heaton; and Corporal Redacted; 1:23-cv-01344-NRN. Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 2 of 6 3 4. On or about May 12, 2023, the City of Fort Collins and Sergeant Heaton waived service of the Complaint in this, and the other matters listed above. According to the applicable State Court Rules, responses to the Complaints were due on or before June 2, 2023. 5. On June 1, 2023, this Court granted the City of Fort Collins and Sergeant Heaton’s request for an extension of time to respond to Plaintiff’s Complaint, and ordered that any such response be filed by July 31, 2023. (ECF 15). 6. The City of Fort Collins and Sergeant Heaton intend on filing motions to dismiss in each of the above-listed matters. 7. Defendant Haferman waived service of the Complaint, on May 30, 2023. Therefore, his response to the Complaint is due on July 31, 2023. (ECF 19). 8. Each of the Complaints referenced above are approximately 45-pages long, with approximately 230 paragraphs of factual allegations. 9. Once the responses to the motions to dismiss are filed, it will be incumbent on the Plaintiffs in this and the other matters to file responses. In addition, the Parties will need to meet and confer regarding a scheduling order, develop a scheduling order, attend scheduling conferences, and otherwise engage in discovery and potentially motion practice. 10. In conferral with respect to the motions to dismiss and generalized discussions regarding discovery, Plaintiff’s Counsel indicated she is currently recuperating from a very serious accident, wherein she suffered five broken ribs and will require two surgeries in the coming weeks to address her injuries. Counsel for all of the Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 3 of 6 4 Parties conferred, and agreed that due to Plaintiff’s injuries, expected recuperation, and the start of litigation in this and the other matters listed above, a twenty-one day extension of deadlines would be appropriate. 11. The Parties would, therefore, request the following extensions: a. Filing of a response to Plaintiff’s Complaint by Mr. Haferman, the City of Fort Collins, and Sergeant Allen Heaton: August 21, 2023. b. Deadline to confer on a proposed scheduling order: August 21, 2023. c. Rescheduling of the in-person scheduling conference, currently set for August 19, 2023. 12. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel served their clients with this Motion, as reflected on the accompanying Certificate of Service. WHEREFORE, Plaintiff and Defendants request this Court grant the extensions as set forth above, and for all other and further relief as this Court deems just and appropriate. Respectfully submitted this 31st day of July 2023. s/ Mark S. Ratner Mark S. Ratner, Esq. Robert A. Weiner, Esq. Katherine N. Hoffman, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300, Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com weinerr@hallevans.com hoffmank@hallevans.com Attorneys for City of Fort Collins and Sergeant Allen Heaton Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 4 of 6 5 s/Yulia Nikolaevskya Jonathan Abramson Yulia Nikolaevskaya Kissinger & Fellman, P.C. 3773 Cherry Creek N. Dr., #900 Denver, CO 80209 Telephone: 303-320-6100/Facsimile: 303-327- 8601 julie@kandf.com Attorney for Defendant Jason Haferman s/Sarah Schielke Sarah Schielke The Life & Liberty Law Office 1209 Cleveland Avenue Loveland, CO 80537 Telephone: 970-493-1980/970-797-4008 sarah@lifeandlibertylaw.com Attorney for Plaintiff Derrick Groves s/Matthew Haltzman Matthew Haltzman Haltzman Law Firm, P.C. 204 Maple Street, Unit 101 Fort Collins, CO 80521 Telephone: 970-692-3440/Facsimile 970-797- 2419 matthew@haltzmanlaw.com Co-Counsel for Plaintiff Derrick Groves Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 5 of 6 6 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 31st day of July 2023, a true and correct copy of the foregoing JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME was filed with the Court via CM/ECF and served on the below-listed party by email: Sarah Schielke, Esq. sarah@lifeandlibertylaw.com Matthew Haltzman, Esq. matthew@haltzmanlaw.com Jonathan M. Abramson, Esq. jonathan@kandf.com Yulia Nikolaevskaya, Esq. julie@kandf.com Plaintiff, Harris Elias, through Counsel. Jason Haferman, through Counsel. City of Fort Collins, through Counsel. Allen Heaton, through Counsel. s/ Sarah Stefanick Case No. 1:23-cv-01339-RM-STV Document 20 filed 07/31/23 USDC Colorado pg 6 of 6