HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 021 - Mot Extension Respond Mot Dismiss 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1342-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL REDACTED,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO DEFENDANT’S AMENDED MOTION TO DISMISS (ECF 19)
Plaintiff Jesse Cunningham, by and through his attorney, file this Unopposed
Motion for Extension of Time to File Response to Defendant’s Motion to Dismiss and in
support of the same respectfully states as follows:
CERTIFICATE OF CONFERRAL
Sarah Schielke, undersigned counsel for Plaintiff Jesse Cunningham, contacted
counsel for Defendants, via email on September 6, 2023 regarding the relief requested
herein. Defendants responded and are unopposed to this Motion.
1. Plaintiff Jesse Cunningham initiated this lawsuit on May 3, 2023 in the Larimer County
District Court, State of Colorado. The matter was then removed to this court on May
26, 2023 (ECF 1).
Case No. 1:23-cv-01342-SBP Document 21 filed 09/07/23 USDC Colorado pg 1 of 3
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2. In addition to this matter, there are four other lawsuits against the Defendants also
pending (Notice of Related Cases, ECF 2).
3. Defendants City of Fort Collins and Sergeant Allen Heaton filed their Motion to Dismiss
on August 21, 2023 (ECF 19) in this matter as well as the other four lawsuits.
4. Plaintiff’s counsel was involved in a serious accident 8 weeks ago which caused five
broken ribs, torn ligaments in her shoulder, a torn ACL and significant road rash. Her
injuries have caused numerous delays and rescheduling of court appearances, trials
and depositions as she recuperates. The deadline for Plaintiff’s Response to
Defendant’s Motion to Dismiss is currently September 11, 2023. Counsel has three
depositions, a jury trial, an out of state conference she is presenting at and then her
ACL reconstruction surgery on October 3 which will put her out of commission for two
weeks. The soonest she will be able to turn adequate attention to drafting a response
to the pending Motion to Dismiss is the week of October 16.
5. Undersigned counsel requests a six-week extension (up to and including October 23,
2023) to the deadline to accommodate.
6. No party will be prejudiced by the relief sought herein. This is the first request for an
extension to file a response to Defendant’s Motion to Dismiss.
WHEREFORE the Plaintiff respectfully requests a six-week extension to the deadline
for filing Plaintiff’s Response to Defendant City of Fort Collins and Serge ant Allen
Heaton’s Motion to Dismiss (ECF 19), to October 23, 2023.
Respectfully submitted this 7th day of September, 2023.
THE LIFE & LIBERTY LAW OFFICE
/s/ Sarah Schielke
Case No. 1:23-cv-01342-SBP Document 21 filed 09/07/23 USDC Colorado pg 2 of 3
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Sarah Schielke
The Life & Liberty Law Office LLC
1209 Cleveland Avenue
Loveland, CO 80537
P: (970) 493-1980
F: (970) 797-4008
E: sarah@lifeandlibertylaw.com
Counsel for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that on September 7, 2023, a true and accurate copy of the foregoing
Motion has been sent to the following parties by PACER/ECF:
Mark Ratner
Robert Weiner
Katherine Hoffman
Hall & Evans, LLC
Attorney for Defendants City of Fort Collins
and Sergeant Allen Heaton
Yulia Nikolaevskya
Jonathan Abramson
Kissinger & Fellman, P.C.
Attorney for Defendant Jason Haferman
Jesse Cunningham
Plaintiff /s/ Sarah Schielke
Case No. 1:23-cv-01342-SBP Document 21 filed 09/07/23 USDC Colorado pg 3 of 3