HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 092 - Plaintiff's Unopp Mot Amend Scheduling Order to Extend Discovery Deadlines 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-CV-01343-GPG-KAS
HARRIS ELIAS,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN, and
SERGEANT ALLEN HEATON
Defendants.
PLAINTIFF’S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER [ECF 89]
TO EXTEND DISCOVERY DEADLINES
Plaintiff Harris Elias, by and through his attorney, respectfully submits this
Unopposed Motion to Amend Scheduling Order to Extend Discovery Deadlines, and in
support of the same, states as follows:
1. The current upcoming deadlines pursuant to the Court’s April 16 minute order [ECF
89] are:
a. April 26, 2024 for Plaintiff’s Affirmative Expert Disclosures
b. May 28, 2024 for Defendants’ Affirmative and Rebuttal Disclosures
c. June 25, 2024 for Plaintiff’s Rebuttal Disclosures
d. July 22, 2024 Discovery Cut-off and 702 and 704 Motions
e. August 30, 2024 Dispositive Motion Deadline
2. In addition to this matter, there are four other lawsuits against the Defendants also
pending (Notice of Related Cases, ECF 2).
Case No. 1:23-cv-01343-GPG-KAS Document 92 filed 04/26/24 USDC Colorado pg 1 of 3
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3. A previous extension to these deadlines was sought and obtained across all 5 cases
(of 20 days) due to extensions that Defendant Fort Collins had requested on providing
their discovery responses (originally due March 11, believed at time of filing the
previous motion for extension to be coming on March 27, ultimately received on April
8).
4. As indicated in the previous motion for extension, Plaintiff is expecting information in
the discovery responses that he’d like his retained expert(s) to have the ability to
review as part of producing their report(s) and formulating their opinion(s). Specifically,
bodyworn camera videos.
5. Much of the bodyworn camera video that Plaintiff requested in discovery was
produced on April 8. It took two days to download and the remaining handful of da ys
ahead of the April 26 expert deadline (counsel was on family vacation for the first week
of it) were ultimately not sufficient for undersigned counsel to review and then
disseminate to the appropriate expert(s) for them to accomplish their own review of
for their report(s).
6. Plaintiff proposes a 21-day extension to the expert disclosure and all other subsequent
discovery and motions deadlines to accommodate this:
a. May 17, 2024 for Plaintiff’s Affirmative Expert Disclosure
b. June 18, 2024 for Defendants’ Affirmative and Rebuttal Disclosures
c. July 16, 2024 for Plaintiff’s Rebuttal Disclosures
d. August 12, 2024 Discovery Cut-off and 702 and 704 Motions
e. September 20, 2024 Dispositive Motion Deadline
Case No. 1:23-cv-01343-GPG-KAS Document 92 filed 04/26/24 USDC Colorado pg 2 of 3
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7. Conferral: Counsel has conferred with counsel for Defendants and is authorized to
state that they do not oppose the relief requested herein.
8. The extension will not unduly delay these proceedings or otherwise interfere with the
administration of justice. No party will be prejudiced by the relief sought herein.
WHEREFORE Plaintiff Harris Elias, respectfully requests an extension to the
discovery deadlines.
Respectfully submitted this 25th day of April, 2024.
/s/ Sarah Schielke
Sarah Schielke
The Life & Liberty Law Office LLC
1055 Cleveland Avenue
Loveland, CO 80537
Telephone: (970) 493-1980
FAX: (970) 797-4008
Email: sarah@lifeandlibertylaw.com
Attorney for Plaintiff Harris Elias
CERTIFICATE OF SERVICE
This is to certify that on April 25, 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
Attorneys for Jason Haferman
Harris Elias
Plaintiff
/s/ Madie Baskin
Madie Baskin,
Paralegal for Sarah Schielke
Case No. 1:23-cv-01343-GPG-KAS Document 92 filed 04/26/24 USDC Colorado pg 3 of 3