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HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 070 - Orderdirected by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court - District of Colorado District of Colorado Notice of Electronic Filing The following transaction was entered on 2/8/2024 at 12:17 PM MST and filed on 2/8/2024 Case Name:Elias v. City of Fort Collins et al Case Number:1:23-cv-01343-GPG-KAS Filer: Document Number:70(No document attached) Docket Text: ORDER. Pending before the Court is a Motion to Dismiss (D. [22]) filed by Defendants Heaton and the City of Fort Collins. Defendant Haferman lodged an answer (D. [23]). The original Complaint (D. [4]) was lodged upon removal from state court. The First Amended Complaint (D. [45]) was only an amendment as to form and did not require re-briefing of the Motion to Dismiss. The Court hereby DENIES WITHOUT PREJUDICE the Motion to Dismiss and Orders Plaintiff to file any desired motion to amend within fourteen (14) days of this Order. This is likely Plaintiff's final opportunity to attempt to amend. The Court takes this step for several reasons. Fort Collins moves to dismiss asserting that Plaintiff fails to sufficiently state a Monell claim-those arguments appear fully developed. Regarding Defendant Heaton, Plaintiff's Response (D. [49] at 11 n5, 13 n6) indicates that Plaintiff has found pleading errors regarding the included claims and that Plaintiff intends to move to amend to include additional facts "[Plaintiff] will be filing a Motion to Amend his Complaint subsequently to correct this." Further, the Court has reviewed Defendants' Supplement (D. [63]), body-worn camera footage from Sergeant Heaton, and notes the discrepancy between the footage and Plaintiff's statements in the claims about that footage (see D. [45] at 42 para. 113). Undoubtedly, Plaintiff will attempt to correct this. The Court finds that it would be inefficient to rule on the current iteration of the Motion to Dismiss-particularly vis--vis Sergeant Heaton. If Plaintiff intends to amend, that needs to occur now. It is therefore Ordered that the Motion to Dismiss (D. [22]) is DENIED WITHOUT PREJUDICE. Plaintiff is afforded fourteen (14) days to move to amend. So Ordered by District Judge Gordon P Gallagher on 2/8/2024. Text Only Entry(schap, ) 1:23-cv-01343-GPG-KAS Notice has been electronically mailed to: Jonathan Marshall Abramson jabramson@sgrllc.com, bjackson@sgrllc.com, ntuero@sgrllc.com, sohayre@sgrllc.com, twill@sgrllc.com Mark Scott Ratner ratnerm@hallevans.com, erkharto@hallevans.com, stefanicks@hallevans.com, tamborelloa@hallevans.com Sarah J. Schielke sarah@lifeandlibertylaw.com, madie@lifeandlibertylaw.com, sarahschielke@me.com Yulia Nikolaevskaya julie@kandf.com, bjackson@sgrllc.com, jnikolaevskaya@sgrllc.com, sohayre@sgrllc.com, twill@sgrllc.com Katherine Hoffman hoffmank@hallevans.com, camerone@hallevans.com, marionn@hallevans.com, rogersh@hallevans.com Robert Alan Weiner weinerr@hallevans.com, conradr@hallevans.com, graziog@hallevans.com, marionn@hallevans.com, rweiner4@comcast.net 1:23-cv-01343-GPG-KAS Notice has been mailed by the filer to: Mark S. Ratner | Member ratnerm@hallevans.com Tel: 303-628-3337 Hall & Evans, LLC 1001 Seventeenth Street, Suite 300 Denver, CO 80202 COLORADO | ILLINOIS | MISSOURI | MONTANA | NEVADA | NEW MEXICO | UTAH | WYOMING website | bio | LinkedIn Confidentiality Notice: This e-mail and any files transmitted with it are confidential and intended solely for the named addressee(s) of this message and may be subject to attorney-client privilege or work-product protection. If you are not the named addressee, unauthorized use, disclosure or distribution is prohibited; please notify the sender by reply email and destroy all copies of the original message. Our spam protection may prevent any reply e-mail from being delivered. If I have not responded to your email within 48 hours, please contact our office at 303/628-3300. This e-mail and any attachments are believed to be free of viruses and defects, but it is the responsibility of the recipient to ensure that it is virus-free. The sender is not responsible for any loss or damage arising from its use.