HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 090 - City Heaton Unopp Mot Extension of Time to Respond to 2d Am ComplaintIN 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.
DEFENDANTS CITY OF FORT COLLINS AND SERGEANT ALLEN HEATON’S
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSES TO
PLAINTIFF’S SECOND AMENDED COMPLAINT (ECF 88)
Defendants City of Fort Collins and Sergeant Allen Heaton, by and through their
undersigned counsel, Hall & Evans, LLC, hereby submit the following Unopposed Motion
for Extension of Time to File their Responses to Plaintiff’s Second Amended Complaint
(ECF 88) 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)
Defendants are seeking a 14-day extension to file their responses to Plaintiff’s
Second Amended Complaint.
Case No. 1:23-cv-01343-GPG-KAS Document 90 filed 04/25/24 USDC Colorado pg 1 of 5
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1. According to the allegations of the Second Amended Complaint, Plaintiff
Harris Elias (“Plaintiff”) claims he was wrongfully arrested on December 3, 2021, by
former Fort Collins Police Officer, Defendant Jason Haferman. The Second Amended
Complaint also alleges the City of Fort Collins and Sergeant Heaton failed to supervise
and train Mr. Haferman.
2. Plaintiff’s Second Amended Complaint attempts the following claims: (1)
violation of C.R.S. § 13-21-131 – Arrest without Probable Cause (brought against
Sergeant Heaton and Officer Haferman); (2) violation of 42 U.S.C. § 1983 - Unlawful
Arrest without Probable Cause – Individual, Failure-to- Supervise/Train, Unconstitutional
Pattern/Practice under Monell, Violation of Fourth Amendment Due Process (brought
against the City, Sergeant Heaton, and Officer Haferman); (3) violation of C.R.S. § 13-
21-131 – Violation of Due Process Malicious Prosecution (brought against Sergeant
Heaton and Officer Haferman); and (4) violation of 42. U.S.C. § 1983 – Malicious
Prosecution (brought against Sergeant Heaton and Officer Haferman). Additionally, the
Second Amended Complaint attempts a fifth claim, not raised in his earlier Complaints—
(5) Conspiracy to violate rights or privileges in violation of 42.U.S.C. § 1985 (brought
against Sergeant Heaton and Officer Haferman). Plaintiff’s first, third, and fourth claims
were initially brought only against Officer Haferman, but in Plaintiff’s Second Amended
Complaint, he brings these claims against Sergeant Heaton as well.
3. The City and Sergeant Heaton respectfully request an extension of 14-days,
to and including May 13, 2024, to file responses to Plaintiff’s Second Amended Complaint.
Case No. 1:23-cv-01343-GPG-KAS Document 90 filed 04/25/24 USDC Colorado pg 2 of 5
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4. As reason therefore, the City and Sergeant Heaton need additional time to
complete their review of Plaintiff’s Second Amended Complaint and prepare and submit
their responses. Notably, in addition to Plaintiff’s addition of a fifth claim of conspiracy,
Plaintiff has named Sergeant Heaton in his first, third and fourth claims for relief.
Additionally, Plaintiff has added approximately 14 pages of allegations against
Defendants. This brings Plaintiff’s Second Amended Complaint to 95-pages. Plaintiff’s
Second Amended Complaint includes allegations by this Plaintiff, Plaintiffs in other
pending cases, and other individuals, all of which has taken significant time to review
notwithstanding the exercise of due diligence. Because of voluminous nature of Plaintiff’s
allegations which have increased in Plaintiff’s Second Amended Complaint, additional
time is needed by the City and Sergeant Heaton to prepare their responses.
5. 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
them an extension of time up to and including May 13, 2024, to file their Responses to
Plaintiff’s Second Amended Complaint, and for all other and further relief as this Court
deems just and appropriate.
Case No. 1:23-cv-01343-GPG-KAS Document 90 filed 04/25/24 USDC Colorado pg 3 of 5
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Respectfully submitted this 25th day of April 2024.
s/ Katherine N. 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
Case No. 1:23-cv-01343-GPG-KAS Document 90 filed 04/25/24 USDC Colorado pg 4 of 5
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 25th day of April 2024, a true and correct copy of the
foregoing DEFENDANT CITY OF FORT COLLINS AND SERGEANT HEATON’S
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSES TO
PLAINTIFF’S SECOND AMENDED COMPLAINT was filed with the Court via CM/ECF
and served on the below-listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
and served on the following via e-mail:
City of Fort Collins
c/o John Duval, Esq.
Sergeant Allen Heaton
s/ Erica Cameron
Erica Cameron, Legal Assistant
Case No. 1:23-cv-01343-GPG-KAS Document 90 filed 04/25/24 USDC Colorado pg 5 of 5