HomeMy WebLinkAbout2017CV884 - Chayce Anderson V. Fcps Officer Jason Shutters - 119 - Defendant Jason Shutters' Unopposed Motion For Extension Of Discovery Deadlines4125888.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-STV
CHAYCE AARON ANDERSON,
Plaintiff,
v.
CARA BOXBERGER (In their (sic) Individual Capacity only),
JASON SHUTTERS (In their (sic) Individual Capacity only),
MARK DELANO (In their (sic) Individual Capacity only).
Defendants.
______________________________________________________________________________
DEFENDANT JASON SHUTTERS’ UNOPPOSED MOTION FOR EXTENSION
OF DISCOVERY DEADLINES
______________________________________________________________________________
Defendant, Jason Shutters, through his Attorneys, Hall & Evans, LLC, submit the
following as his Unopposed Motion for Extension of Discovery Deadlines, as follows:
D.C.Colo.LCivR 7.1(b)(1) Duty To Confer: Undersigned Counsel conferred with
Counsel for the Plaintiff, via email, on May 9, 2019. Plaintiff does not object to the requested relief.
D.C. Colo.LCivR 6.1(b): Pursuant to D.C.Colo.LCivR 6.1(b), this is the third request for
extension of time solely by Defendant Shutters. Defendant Shutters also joined in a request for an
extension of time, with Plaintiff. A copy of this Motion has been served on the moving attorney’s
client. Defendant Shutters seeks an extension of the deadline for completing discovery to June 3,
2019, and the deadline for the filing of a motion for summary judgment to July 3, 2019.
1. According to the allegations of Plaintiff’s Second Amended Complaint (ECF
No.61), this matter arises from Mr. Anderson’s arrest (see generally ECF No. 61). Plaintiff claims
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that during the arrest, he was subjected to excessive force when Detective Shutters applied
handcuffs.
2. On December 12, 2018, the parties filed a joint motion to extend discovery deadlines
(ECF No. 109), in order to provide sufficient time to complete discovery, including responses to
Defendant’s interrogatories and requests for production of documents (ECF No. 109 at 2).
3. On December 13, 2018, the Court granted the motion (ECF No. 111).
4. On February 27, 2019, the Court granted a second motion to extend the discovery
deadlines (ECF No. 117). The Order provided for discovery to be completed by May 20, 2019 and
dispositive motions to be filed by June 17, 2019. The motion was necessitated by the desire to
obtain Plaintiff’s medical records.
5. The crux of this matter involves a purported injury to Plaintiff’s wrists. Any medical
treatment is, therefore, pertinent to this matter.
6. Counsel for both parties continually made efforts to locate and schedule the
depositions of Plaintiff’s medical treaters, who were less than responsive to requests for availability.
Counsel for the Plaintiff was ultimately successful, and currently the depositions of five medical
professionals are set for June 3, 2019 at Poudre Valley Hospital.
7. The Defendant requests an extension of time to (1) conduct the remaining
depositions, and (2) prepare a motion for summary judgment.
8. The request for a 30-day extension from the time the medical depositions are taken
to the filing of a motion for summary judgment, is to provide a sufficient opportunity to obtain the
transcripts and prepare the motion.
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9. The Defendant is not asking to move the Final Pretrial Conference, which is
currently scheduled for July 22, 2019.
WHEREFORE, Defendant, Jason Shutters, respectfully requests this Honorable Court grant
his Motion for Extension of Discovery Deadlines as set forth in this Motion, and for any other relief
deemed just.
Dated: May 14, 2019
Respectfully Submitted
Duly Signed original in the file located at
Hall & Evans, LLC
/s/ Mark S. Ratner
Mark S. Ratner, #38517
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Attorneys for Defendant Jason Shutters
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on this 14th day of May 2019, I served via CM/ECF and email and U.S.
Mail as noted below, the foregoing DEFENDANT JASON SHUTTER’S UNOPPOSED
MOTION FOR EXTENSION OF DISCOVERY DEADLINES to the following:
Ll. Rhyddid Watkins, Esq.
Christopher J. Casolaro, Esq.
Travis S. Jordan, Esq.
FAEGRE BAKER DANIELS LLP
1700 Lincoln Street, Suite 3200
Denver, CO 80203
VIA Email:
Heather Campbell Burgess, Esq.
FAEGRE BAKER DANIELS LLP
311 South Wacker Drive, Suite 4400
Chicago, IL. 60606-6622
heather.burgess@FaegreBD.com
Via U.S. Mail:
Jason Shutters
c/o City of Fort Collins City Attorney’s Office
300 Laporte Avenue
Fort Collins, CO 80521
s/ Mary McNichols
Legal Assistant to Mark S. Ratner, Esq.
of Hall & Evans, LLC
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