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HomeMy WebLinkAbout2023-cv-1339 - Groves v. City of Fort Collins, et al - 083 - Dfs Unopp Mot Amend Scheduling OrderIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:23-cv-1339-RM-TPO Derrick Groves, Plaintiff. v. City of Fort Collins; and Jason Haferman. Defendants. UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER Defendant City of Fort Collins, through their undersigned counsel, Hall & Evans, LLC, submit the following as their Unopposed Motion to Amend the Scheduling Order: CERTIFICATE OF CONFERRAL Undersigned Counsel conferred with Counsel for Plaintiff and Defendant Haferman. Both Counsel indicated there is no objection to the requested relief. The City is requesting the Rule 702/704 Motion deadline, align with the deadline in the Cunningham v. City of Fort Collins, et al., matter, 23-cv-01342-CNS-SBP, which is March 7, 2025. This is the Second Request to Amend the Scheduling Order. Undersigned Counsel also certifies a copy of this Motion has been served on his clients, via email. CERTIFICATE RE: ARTIFICIAL INTELLIGENCE (“AI”) Counsel for Defendant hereby certifies that no portion of this filing was drafted by AI. Case No. 1:23-cv-01339-RM-TPO Document 83 filed 12/03/24 USDC Colorado pg 1 of 4 2 I. INTRODUCTION AND ARGUMENT This matter arises out of Plaintiff’s arrest on April 7, 2022, by former Fort Collins Police Officer, Jason Haferman, and the ensuing investigation and prosecution for the crime of Driving Under the Influence (“DUI”). Plaintiff claims his constitutional rights were violated pursuant to 42 U.S.C. § 1983. Pursuant to the Notice of Related matters, there are four other lawsuits against the City of Fort Collins and Mr. Haferman, arising generally out of the same set of facts. (See ECF 2). Discovery in this and the other matters have been progressing at relatively the same pace, with respect to depositions and other discovery. The parties have attempted to avoid duplicative litigation efforts on each of the matters, including seeking discovery dates which align with all five matters. On August 27, 2024, this Court granted the parties Joint Unopposed Motion to Amend the Scheduling Order (See ECF 79). Pertinent to this Motion, the Court’s Order provided a deadline for submission of Rule 702/704 Motions, of December 4, 2024 (ECF 79 at 1). On November 15, 2024, the Court in the Cunningham v. City of Fort Collins matter, 23- cv-01342-CNS-SBP, granted the Parties Joint Unopposed Motion to Amend the Scheduling Order. (See 23-cv-01342-CNS-SBP, ECF 76). According to the Order, Rule 702/704 Motions are due by March 7, 2025. Id. The experts and the opinions offered in each of the matters, is generally duplicative. The one exception is Plaintiff’s rebuttal expert, which is named in only two of the lawsuits. The City anticipates filing a Rule 702 Motion in each of the lawsuits. In order to promote litigation efficiency, the City is requesting the deadline for submission of Rule 702/704 Motions in this Case No. 1:23-cv-01339-RM-TPO Document 83 filed 12/03/24 USDC Colorado pg 2 of 4 3 matter, align with the Cunningham matter.1 No party will be prejudiced by the extension, as each party agrees with the request. WHEREFORE, Defendant, City of Fort Collins, requests the Court grant its Motion, and amend the Scheduling Order to provide for the filing of Rule 702/704 Motions, by March 7, 2025. Respectfully submitted this 3rd day of December 2024. s/ Mark S. Ratner Mark S. Ratner, Esq. Robert A. Weiner, 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 1 For the Court’s edification, the City is seeking an amendment to the deadline for Rule 702/704 Motions in the other four matters, to align with the Cunningham matter. Currently, the deadlines are December 4, 2024 (Erbacher and Groves), December 19, 2024 (Elias), February 8, 2025 (Sever), and March 7, 2025 (Cunningham). Case No. 1:23-cv-01339-RM-TPO Document 83 filed 12/03/24 USDC Colorado pg 3 of 4 4 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 3rd day of December 2024, a true and correct copy of the foregoing UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER 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 Jonathan M. Abramson, Esq. jabramson@sgrllc.com Yulia Nikolaevskaya, Esq. jnikolaevskaya@sgrllc.com City of Fort Collins Via email s/ Sarah Stefanick Case No. 1:23-cv-01339-RM-TPO Document 83 filed 12/03/24 USDC Colorado pg 4 of 4