HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 076.1 - Plaintiff's Mot Leave File 2d Amended Complaint 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1343-GPG-KAS
HARRIS ELIAS,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN, and
SERGEANT ALLEN HEATON,
Defendants.
PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Plaintiff Harris Elias, by and through his attorney, file this Motion for Leave to File
Second Amended Complaint and in support of the same respectfully states as follows:
CAUSE FOR AMENDMENT
1. Plaintiff Harris Elias 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).
2. Defendant City of Fort Collins and Allen Heaton filed their Motion to Dismiss [ECF 22]
on August 21, 2023.
3. Plaintiff filed his First Amended Complaint [ECF 45] and it became the operative
pleading on November 13, 2023.
4. This Court directed in a minute order [ECF 70] on February 8, 2024 that Defendant
Heaton’s and Fort Collins’ pending Motion to Dismiss was denied as moot without
Case No. 1:23-cv-01343-GPG-KAS Document 76 filed 02/29/24 USDC Colorado pg 1 of 2
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prejudice due to a number of considerations and developments, and that Mr. Elias
would need to file a motion for leave to amend his first amended complaint to reflect
the same by no later than February 29, 2024.
5. This is that motion.
6. The proposed Second Amended Complaint is filed with this Motion as Exhibit 1. A
redlined version of the Second Amended Complaint is attached as Exhibit 2, as
required by the rules.
Respectfully submitted this 29th day of February, 2024.
THE LIFE & LIBERTY LAW OFFICE
/s/ Sarah Schielke
Sarah Schielke
The Life & Liberty Law Office LLC
1055 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 February 29, 2024, 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
SGR, LLC
Attorney for Defendant Jason Haferman
Harris Elias
Plaintiff /s/ Sarah Schielke
Case No. 1:23-cv-01343-GPG-KAS Document 76 filed 02/29/24 USDC Colorado pg 2 of 2