HomeMy WebLinkAbout2023-cv-1344 - Sever v. City of Fort Collins, et al. - 036 - Pl's Unopp Mot Extension Resp Mtd 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1344-NYW-NRN
CARL SEVER,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
ALLEN HEATON, and
JASON BOGOSIAN,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR TWO-WEEK EXTENSION TO FILE
RESPONSE TO DEFENDANTS’ MOTION TO DISMISS (ECF 33)
Plaintiff Carl Sever, by and through his attorney, file this Unopposed Motion for
Two-Week Extension 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 Carl Sever, 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
33] is Monday November 13.
2. Counsel for Plaintiff intended to work this Friday -Monday drafting that response.
However, on Thursday night one of counsel’s two children (5yo daughter) and her
Case No. 1:23-cv-01344-NYW-NRN Document 36 filed 11/13/23 USDC Colorado pg 1 of 3
2
husband (primary care provider) fell ill and tested positive for COVID. Counsel and
her other child (6yo daughter) tested negative. This has not been an ideal child care
scenario. Friday was Veteran’s Day with no school for the healthy child.
Understandably, no one was eager to babysit a child from the COVID -hit household.
In addition to the healthy child, Plaintiff’s counsel also had to care for the COVID -hit
portion of the household. Despite best efforts during those days, counsel has been
unable to work on Plaintiff’s Response at all.
3. Still, Plaintiff’s counsel held onto hopes of somehow managing to get this document
done by the existing deadline. Then, around lunch on Saturday she started feeling
symptoms herself. Sunday morning, counsel tested positive for COVID. As of this
morning (Monday) counsel is extremely sick with a fever, fatigue, and cough.
4. Counsel is requesting a 2-week extension to the existing deadline on Plaintiff’s
response to Defendants’ Motion to Dismiss, for a new filing deadline of Monday,
November 27, 2023.
5. No party will be prejudiced by the relief sought herein. This is the second request for
a brief extension to file a response to Defendant’s ECF 33 Motion to Dismiss. The first
granted request was for just 2 additional weeks due to delays occasioned by counsel’s
ACL reconstruction surgery in early October.
WHEREFORE the Plaintiff respectfully requests a 2-week extension to the deadline
for filing Plaintiff’s Response to Defendant City of Fort Collins, Sergeant Allen Heaton and
Jason Bogosian’s Motion to Dismiss (ECF 33), to November 23, 2023.
Respectfully submitted this 13th day of November, 2023.
THE LIFE & LIBERTY LAW OFFICE
Case No. 1:23-cv-01344-NYW-NRN Document 36 filed 11/13/23 USDC Colorado pg 2 of 3
3
/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
CERTIFICATE OF SERVICE
This is to certify that on November 13, 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,
Sergeant Allen Heaton and Corporal Jason Bogosian
Yulia Nikolaevskya
Jonathan Abramson
Kissinger & Fellman, P.C.
Attorney for Defendant Jason Haferman
Carl Sever
Plaintiff /s/ Sarah Schielke
Case No. 1:23-cv-01344-NYW-NRN Document 36 filed 11/13/23 USDC Colorado pg 3 of 3