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HomeMy WebLinkAbout2023-cv-1339 - Groves v. City of Fort Collins, et al - 045 - Pl's Unopp Mot Extension Resp Mtd 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-cv-1339-RM-STV DERRICK GROVES, Plaintiff, v. CITY OF FORT COLLINS, JASON HAFERMAN, SERGEANT ALLEN HEATON, and JASON BOGOSIAN, Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT’S MOTION TO DISMISS (ECF 42) Plaintiff Derrick Groves, 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 Derrick Groves, contacted counsel for Defendants, via email on Thursday, November 9 regarding the relief requested herein. Defendants responded and are unopposed to this Motion. 1. The current deadline for Plaintiff’s response to Defendants’ Motion to Dismiss [ECF 42] is Tuesday November 21. 2. Undersigned counsel’s family fell ill and tested positive for COVID last week. At first counsel was testing negative. However, counsel began feeling symptoms herself and Case No. 1:23-cv-01339-RM-STV Document 45 filed 11/16/23 USDC Colorado pg 1 of 3 2 tested positive for COVID this week. As of this morning (Thursday) counsel is very sick with a fever, fatigue, and cough. 3. There are Motions to Dismiss pending in the four related cases (See Notice of Related Cases, ECF 2) which Plaintiff’s counsel has obtained extensions on the MTD Response filing deadline for the reason explained above through Monday, November 27, 2023. 4. Wherefore, Plaintiff requests a one-week extension to file his response to the Motion to Dismiss. 5. No party will be prejudiced by the relief sought herein. WHEREFORE the Plaintiff respectfully requests a one-week extension to the deadline for filing Plaintiff’s Response to Defendant’s Motion to Dismiss (ECF 42), to November 27, 2023. Respectfully submitted this 16th day of November, 2023. THE LIFE & LIBERTY LAW OFFICE /s/ Sarah Schielke 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 Case No. 1:23-cv-01339-RM-STV Document 45 filed 11/16/23 USDC Colorado pg 2 of 3 3 CERTIFICATE OF SERVICE This is to certify that on November 16, 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, Allen Heaton and Jason Bogosian Yulia Nikolaevskya Jonathan Abramson Kissinger & Fellman, P.C. Attorney for Defendant Jason Haferman Derrick Groves Plaintiff /s/ Sarah Schielke Case No. 1:23-cv-01339-RM-STV Document 45 filed 11/16/23 USDC Colorado pg 3 of 3