HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 082 - City Unopp Mot Extension of Time to Respond to Discovery RequestsIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1343-GPG-KAS
Harris Elias,
Plaintiff.
v.
City of Fort Collins;
Jason Haferman; and
Sergeant Allen Heaton.
Defendants.
DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED SECOND MOTION FOR
EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S FIRST SET OF DISCOVERY
REQUESTS TO DEFENDANT CITY OF FORT COLLINS
Defendants City of Fort Collins (“Defendant”), by and through its undersigned
counsel, Hall & Evans, LLC, hereby submits the following Unopposed Second Motion for
Extension of Time to Respond to Plaintiff’s First Set of Discovery Requests to Defendant
City of Fort Collins (“First Set of Discovery Requests”), as follows:
CERTIFICATE OF CONFERRAL
Counsel for Defendant conferred with Plaintiff’s Counsel, Sarah Schielke, Esq.,
prior to filing this Motion. Plaintiff does not oppose the relief requested herein.
STATEMENT PURSUANT TO D.C.Colo.LCivR 6.1(b)
Defendant is seeking a 7-day extension to respond to Plaintiff’s First Set of
Discovery Requests.
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1. Plaintiff served Defendant with his First Set of Discovery Requests on or
around February 9, 2024.
2. Defendant’s deadline to respond to Plaintiff’s First Set of Discovery
Requests was March 11, 2024.
3. On March 8, 2024, Defendant filed an Unopposed Motion of Extension of
Time to Respond to Plaintiff’s First Set of Discovery Requests. Defendant requested a
16-day extension of time to respond to Plaintiff’s First Set of Discovery Requests from
March 11, 2024, to March 27, 2024. This Motion has not been ruled upon. [ECF 79 & 80].
4. Contemporaneous with the filing of Defendant’s Unopposed Motion of
Extension of Time to Respond to Plaintiff’s First Set of Discovery Requests, Plaintiff filed
an Unopposed Motion to Amend Scheduling Order to Extend Discovery Deadlines,
requesting extensions of the parties’ expert disclosure deadlines, the discovery cut-off,
and the dispositive motion deadline. This Motion has not been ruled upon. [ECF 77 & 78].
5. Defendant now requests a brief second extension of its deadline to respond
to Plaintiff’s First Set of Discovery Requests from March 27, 2024 to April 3, 2024.
6. As reason therefore, additional time is needed for Defendant to compile the
responsive information and documents in Defendant’s possession and prepare its
responses. Defendant has been diligently attempting to compile this responsive
information and documentation but given the large scope of these requests, additional
time is needed.
7. In particular, Plaintiff has requested a large number of body worn camera
(“BWC”) footage, which take significant time to download, compile, and review. In terms
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of Defendant’s compilation efforts alone, it has taken approximately 50 hours to identify
and compile potentially responsive BWC footage and more than 10 hours to identify and
compile potentially responsive internal affairs records. There are several thousand pages
of potentially responsive documents, as well as extensive BWC footage, which is taking
significant time to compile and review. Accordingly, notwithstanding the exercise of due
diligence, a brief second extension of time is needed for Defendant to respond to Plaintiff’s
First Set of Discovery Requests.
8. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel has served
her clients with this Motion, as reflected on the accompanying Certificate of Service.
WHEREFORE, Defendant City of Fort Collins respectfully requests this Court grant
it a brief second extension of time up to and including April 3, 2024, to respond to Plaintiff’s
First Set of Discovery Requests, and for all other and further relief as this Court deems
just and appropriate.
Respectfully submitted this 26th day of March 2024.
s/ Katherine Hoffman
Mark S. Ratner, Esq.
Robert A. Weiner, Esq.
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
weinerr@hallevans.com
hoffmank@hallevans.com
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 26th day of March 2024, a true and correct copy of the
foregoing DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED SECOND MOTION
FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S FIRST SET OF
DISCOVERY REQUESTS was filed with the Court via CM/ECF and served on the below-
listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Jonathan M. Abramson, Esq.
jabramson@sgrllc.com
Yulia Nikolaevskaya, Esq.
jnikolaevskaya@sgrllc.com
s/ Erica Cameron
Erica Cameron, Legal Assistant
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