HomeMy WebLinkAbout2017CV884 - Chayce Anderson V. Fcps Officer Jason Shutters - 153 - Unopposed Motion For Clairfication Of Amended Recommendation Of United States Magistrate JudgeUS.125597431.01
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-CV-00884-CMA-STV
CHAYCE AARON ANDERSON,
Plaintiff,
vs.
JASON SHUTTERS,
Defendant.
UNOPPOSED MOTION FOR CLARIFICATION OF AMENDED RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE (DKT. 152)
Plaintiff Chayce Aaron Anderson (“Plaintiff”), by and through undersigned counsel,
respectfully requests clarification of the Amended Recommendation of United States
Magistrate Judge (Dkt. 152). Pursuant to Local Rule 7.1, undersigned counsel conferred
with Defendant’s counsel, and Defendant’s counsel does not oppose this Motion. In
support of his Motion, Plaintiff states as follows:
1. On November 5, 2019, the Recommendation of United States Magistrate
Judge (“Recommendation”) was issued. (Dkt. 148.)
2. On November 19, 2019, the Amended Recommendation of United States
Magistrate Judge (“Amended Recommendation”) was issued (Dkt. 152), noting that “[t]he
original Recommendation was amended solely to add the notice in footnote 7.” (Dkt. 152
at 1 n.1.)
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3. The notice provided in footnote 7 of the Amended Recommendation states
that “[w]ithin fourteen days after service of a copy of this Recommendation, any party may
serve and file written objections to the magistrate judge’s proposed findings of fact, legal
conclusions, and recommendations with the Clerk of the United States District Court for
the District of Colorado.” (Dkt. 152 at 18 n.7.)
4. Undersigned counsel understands footnote 7 of the Amended
Recommendation to mean that the deadline to file a written objection is December 3,
2019, 14 days from the Amended Recommendation. However, out of an abundance of
caution, Plaintiff requests clarification as to whether the fourteen-day timeframe to file
written objections should be calculated from the date of the Amended Recommendation
or from the date of the original Recommendation.1
5. Accordingly, undersigned counsel seeks formal clarification as to whether
the deadline to file written objections is December 3, 2019.
WHEREFORE, Plaintiff respectfully requests that the Court clarify the date on
which written objections to the Recommendation of United States Magistrate Judge (Dkt.
148) and the Amended Recommendation of United States Magistrate Judge (Dkt. 152)
must be filed, and, if the Court finds that today is the deadline, in the alternative, Plaintiff
respectfully requests an extension of fourteen days from the date of the Court’s clarifying
order to file written objections to the Recommendation of the United States Magistrate
Judge and the Amended Recommendation of United States Magistrate Judge.
1 Undersigned counsel also contacted the Magistrate Judge’s chambers in connection
with this request.
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Dated this 19th day of November, 2019.
s/Alexandra L. Lakshmanan____________
Alexandra L. Lakshmanan
Christopher J. Casolaro
Travis Jordan
Heather Campbell Burgess
FAEGRE BAKER DANIELS LLP
1144 Fifteenth Street, Suite 3400
Denver, CO 80202
Telephone: (303) 607-3500
Facsimile: (303) 607-3600
christopher.casolaro@faegrebd.com
travis.jordan@faegrebd.com
heather.burgess@faegrebd.com
allie.lakshmanan@faegrebd.com
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
The undersigned certifies that on November 19, 2019, a true and correct copy of the
foregoing MOTION FOR CLARIFICATION OF AMENDED RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE (DKT. 152) was served on the following
counsel of record via the Court’s CM/ECF e-file system:
Mark S. Ratner, Esq.
HALL & EVANS, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Ratnerm@hallevans.com
s/Candee Smith
Legal Administrative Assistant
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