HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 070 - Joint Motion to Amend Scheduling Order1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 23-cv-01342-CNS-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS, and
JASON HAFERMAN,
Defendants.
JOINT MOTION TO AMEND SCHEDULING ORDER (ECF 37)
REGARDING DISCOVERY DEADLINES
The Parties, Plaintiff Jesse Cunningham (“Plaintiff” or “Mr. Cunningham”) and
Defendants City of Fort Collins (the “City”) and Jason Haferman (collectively “Defendants”), by
and through their respective undersigned counsel of record, hereby submit their Joint Motion to
Amend Scheduling Order (ECF 37) Regarding Discovery Deadlines and state as follows:
MOTION
1. This Court entered the Scheduling Order (ECF 37) on November 15, 2023.
2. Plaintiff filed a Motion to Amend Scheduling Order on May 28, 2024 (ECF #63)
which was granted by the Court.
3. The current discovery deadlines are:
- Plaintiff’s affirmative expert disclosure 6/7/24
- Defendant’s affirmative expert disclosure 7/9/24
- Plaintiff’s rebuttal expert disclosure 8/6/24
- Discovery cutoff & 702/704 motions 9/3/24
Case No. 1:23-cv-01342-CNS-SBP Document 70 filed 08/26/24 USDC Colorado pg 1 of 4
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- Dispositive motions deadline 10/11/24
4. In addition to this matter, there are four other lawsuits against the Defendants also
pending (Notice of Related Cases, ECF 2).
5. Plaintiff requested from Defendants, and received, extensions as to his affirmative
expert disclosure due to waiting on Defendant discovery responses that were necessary for his
expert to review. Plaintiff’s expert disclosure was served on June 14, 2024.
6. Defendants’ expert disclosure was served on July 22, 2024 after Plaintiff had no
objection to a reciprocated 7-day extension requested by Defendants.
7. Plaintiff’s counsel did confer with opposing counsel and received a two -week
extension for his rebuttal expert disclosure to August 26, 2024.
8. The parties have been working diligently on this and the other 4 related cases. They
have conducted several depositions, have 3 more coming up, and they are in the process of
scheduling a few that remain.
9. To accommodate the above and maintain adequate time for the rest of the discovery
and motions deadlines in this case, the parties need to request an extension of the remaining
discovery deadlines. Sixty days would likely be adequate however there are incoming discovery
disputes related to written discovery and depositions that now appear certain to require Court
assistance and a hearing. The parties have been attempting to confer and give adequate time to one
another to exhaust ability to resolve the discovery disputes without court intervention up to this
point but it is clear as of last week that several such disputes will need to be taken up with the
Court. As such, for all the above-listed reasons, in an abundance of caution, the parties are
requesting a 90-day extension to the remaining discovery cutoff and motions deadlines, which
Case No. 1:23-cv-01342-CNS-SBP Document 70 filed 08/26/24 USDC Colorado pg 2 of 4
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would result in new deadlines as follows:
- Plaintiff’s rebuttal expert disclosures 8/27/24
- Discovery cutoff & 702/704 motions 12/4/24
- Dispositive motions deadline 1/13/25
10. The extension will not unduly delay these proceedings or otherwise interfere with
the administration of justice.
11. No party will be prejudiced by the relief sought herein.
WHEREFORE, Plaintiff Jesse Cunningham and Defendants City of Fort Collins and Jason
Haferman, for good cause collectively shown, respectfully request that this Court enter an order
granting a ninety (90) day extension of time for the currently scheduled discovery deadlines, as
stated herein.
Dated this 26th day of August, 2024.
THE LIFE & LIBERTY LAW OFFICE, LLC
/s/ Sarah Schielke
Sarah Schielke
1055 Cleveland Avenue
Loveland, CO 80537
Telephone: (970) 493-1980
Email: sarah@lifeandlibertylaw.com
Attorney for Plaintiff
SGR, LLC
/s/ Yulia Nikolaevskaya
Jonathan Abramson, Esq.
Yulia Nikolaevskaya, Esq.
3900 E. Mexico Ave., Suite 700
Denver, CO 80210
Telephone: 303-320-0509
Email: jabramson@sgrllc.com
jnikolaevskaya@sgrllc.com
Attorneys for Defendant Jason Haferman
Case No. 1:23-cv-01342-CNS-SBP Document 70 filed 08/26/24 USDC Colorado pg 3 of 4
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HALL & EVANS
/s/ Mark Ratner
Mark Ratner, Esq.
1001 Seventeenth Street, Suite 300
Denver, CO 80202
Telephone: 303-628-3337
Email: ratnerm@hallevans.com
Attorney for Defendant City of Fort Collins
CERTIFICATE OF SERVICE
I hereby certify that August 26, 2024, a true and accurate copy of the foregoing Motion has
been sent to the following parties by PACER/ECF:
Mark Ratner
Robert Weiner
Hall & Evans, LLC
Attorneys for Defendant City of Fort Collins
Yulia Nikolaevskaya
Jonathan Abramson
SGR, LLC
Attorneys for Defendant Jason Haferman
Jesse Cunningham
Plaintiff
s/ Sarah Schielke
Case No. 1:23-cv-01342-CNS-SBP Document 70 filed 08/26/24 USDC Colorado pg 4 of 4