HomeMy WebLinkAbout2023-cv-2187 - Kulas v. City of Fort Collins, et al. - 044 - Df's Unopposed Motion to Amend Scheduling OrderIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-CV-02187-CNS-KAS
Andru Kulas,
Plaintiffs.
v.
City of Fort Collins,
Kevin Park, Fort Collins Police Officer, in his individual capacity, and
Avery Hanzlicek, Fort Collins Police Officer, in his individual capacity,
Defendants.
DEFENDANTS’ UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
Defendants, City of Fort Collins, Kevin Park, and Avery Hanzlicek through their
undersigned counsel, Hall & Evans, LLC, submit the following as their Unopposed Motion
to Amend Scheduling Order, stating as follows:
CERTIFICATE OF CONFERRAL
Counsel for Defendants conferred with Plaintiff’s Counsel, Sarah Schielke, Esq.
prior to the filing of this motion. Plaintiff does not oppose the relief requested herein.
Therefore, this Motion is unopposed.
STATEMENT PURSUANT TO D.C.Colo.LCivR 6.1(b) & (c)
The Defendants seek an extension of discovery and summary judgment deadlines
by 45 days. This is the first request made by the Defendants, to amend the Scheduling
Order. Additionally, a copy of this Motion has been provided to the Defendants.
Case No. 1:23-cv-02187-CNS-KAS Document 44 filed 07/02/24 USDC Colorado pg 1 of 4
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1. Plaintiff filed his Complaint on August 27, 2023 (“Complaint”).
2. According to the allegations set forth in the Complaint, this matter arises
from Plaintiff’s arrest on August 29, 2021. Plaintiff claims the arrest violated his
constitutional rights pursuant to the First, Fourth, and Fourteenth Amendments.
3. The initial Scheduling Order in this matter was entered on October 25, 2023
(ECF 20).
4. On April 25, 2024, Plaintiff filed an Unopposed Motion for 35-day Extension
to Discovery Deadlines (ECF 35). The Motion was granted on April 29, 2024, and
provided for the current deadlines in this matter as follows:
Plaintiff’s Expert Disclosures: June 10, 2024;
Defendants’ Affirmative and Rebuttal Expert Disclosures: July 10, 2024;
Plaintiff’s Rebuttal Disclosures: August 12, 2024;
Deadline to file Rule 702 Motions: September 11, 2024;
Discovery Cutoff: September 10, 2024;
Motion for Summary Judgment Deadline: October 25, 2024;
(ECF 37).
5. Plaintiff’s expert disclosures were served on June 10, 2024. The
disclosures endorse a retained ophthalmologist and set forth claims of an eye injury from
the application of OC spray (pepper spray) during his arrest. Neither medical records nor
records showing he received any ophthalmological treatment, however, have ever been
disclosed.
6. The Defendants require additional time to address the opinions and prepare
rebuttal expert disclosures, based on the new information.
Case No. 1:23-cv-02187-CNS-KAS Document 44 filed 07/02/24 USDC Colorado pg 2 of 4
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7. Additional time for the discovery deadlines is also required due to the
rescheduling of Plaintiff’s deposition. The deposition was originally scheduled for June
20, 2024, but was recently rescheduled to September 12, 2024. Due to the rescheduling,
the Defendants require additional time complete discovery.
8. The Defendants request an extension of the deadlines in the Scheduling
Order by 45 days. The new proposed dates are as follows:
Defendants’ Affirmative and Rebuttal Expert Disclosures: August 23, 2024;
Plaintiff’s Rebuttal Disclosures: September 26, 2024;
Deadline to file Rule 702 Motions: October, 25, 2024;
Discovery Cutoff: October 25, 2024;
Motion for Summary Judgment Deadline: December 9, 2024;
The Defendants also request the Court reset the Final Pretrial Conference, currently set
for February 24, 2025, as the Court previously did in ECF 38 following the prior extension
of deadlines in the scheduling order.
Wherefore, Defendants respectfully request the Court extend deadlines in the
scheduling order by forty-five days, as noted above.
Respectfully submitted this 2nd day of July, 2024.
s/ John F. Peters
Mark S. Ratner, Esq.
John F. Peters, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
petersj@hallevans.com
ATTORNEYS FOR DEFENDANTS
Case No. 1:23-cv-02187-CNS-KAS Document 44 filed 07/02/24 USDC Colorado pg 3 of 4
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 2nd day of July, 2024, a true and correct copy of the
foregoing UNOPPOSED MOTION TO MODIFY SCHEDULING ORDER BY 45-DAY
EXTENSION was filed with the Court via CM/ECF and served on the below-listed party
by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Matthew Haltzman, Esq.
matthew@haltzmanlaw.com
City of Fort Collins
Kevin Park
Avery Hanzlicek
Via their respective email addresses
s/ Celeste Albiez
Case No. 1:23-cv-02187-CNS-KAS Document 44 filed 07/02/24 USDC Colorado pg 4 of 4