HomeMy WebLinkAbout2017CV884 - Chayce Anderson V. Fcps Officer Jason Shutters - 167 - Plaintiff's Motion For Extension Of Time To File Notice Of AppealUNITED 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.
PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
Pursuant to Federal Rule of Appellate Procedure 4(a)(5), Plaintiff Chayce Aaron Anderson
(“Plaintiff”), by and through undersigned counsel, hereby moves to extend the current deadline to
file of a notice of appeal from the Court’s Final Judgment entered on February 25, 2020. This
extension is sought in light of the COVID-19 emergency and its effects, including the impossibility
of effectively communicating with the parties regarding potential resolution short of filing an
appeal.
CERTIFICATION OF CONFERRAL
Pursuant to Local Rule 3.01(g), Plaintiff certifies that undersigned counsel has conferred
with Defendant’s counsel regarding the substance of this Motion, although Defendant was
unable to be reached ahead of filing this Motion. Therefore, Defendant’s position is unknown at
this time.
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GROUNDS FOR MOTION
The COVID-19 emergency has seriously impacted the ability of the parties to reach an
agreement short of filing an appeal in this case. Defendant, as a member of law enforcement, faces
additional demands to assist with responding to this emergency, seriously impacting his ability to
communicate regarding this case. Additionally, communication with Plaintiff to confirm any
agreement is limited. In light of this emergency and inability to reach an agreement prior to the
deadline to file a notice of appeal, Plaintiff respectfully requests a 30-day extension to file a notice
of appeal.
A. Legal Standard
A notice of appeal generally must be filed with the district court clerk within 30 days after
the judgment appealed from is entered. Fed. R. App. P. 4(a). The district court may extend this
deadline upon a showing of “excusable neglect or good cause,” “if a party moves for an extension
of time no later than thirty days after the appeal time has expired.” Bishop v. Corsentino, 371 F.3d
1203, 1206 (10th Cir. 2004). “Good cause comes into play ‘in situations in which there is no
fault—excusable or otherwise. . . . [T]he need for an extension is usually occasioned by something
that is not within the control of the movant.’” Id. (citation omitted).
B. Good cause exists to extend the time to file for an appeal.
The ongoing public health crisis caused by COVID-19 has made communication with the
parties significantly more difficult, not least of which because Defendant is in law enforcement
and faces unique challenges and ever-changing demands in responding to this emergency.
Although the parties have diligently been attempting to reach an agreement to avoid an appeal in
this case, Defendant’s increased unavailability combined with the already limited availability of
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Plaintiff has made reaching an agreement prior to the deadline to file a notice of appeal impossible.
Therefore, Plaintiff respectfully requests that the deadline to file a notice of appeal be extended
30-days, to April 27, 2020.
CONCLUSION
For each of these reasons, Plaintiff respectfully requests a thirty (30) day extension of the
time to file a notice of appeal.
Respectfully submitted this 27th
day of March, 2020.
/s/ Alexandra Lakshmanan
Alexandra L. Lakshmanan
Christopher J. Casolaro
Travis Jordan
Heather Campbell Burgess
Faegre Drinker Biddle & Reath LLP
1144 Fifteenth Street, Suite 3400
Denver, CO 80202
Telephone: (303) 607-3500
Facsimile: (303) 607-3600
allie.lakshmanan@faegredrinker.com
christopher.casolaro@faegredrinker.com
travis.jordan@faegredrinker.com
heather.burgess@faegredrinker.com
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on this 27th
day of March, 2020, I electronically filed a copy of the
foregoing PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF
APPEAL with the Clerk of the Court using the CM/ECF system, which will send notification of
the filing to all counsel of record:
s/Michelle R. Soule
Michelle R. Soule, Paralegal
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