HomeMy WebLinkAbout2023-cv-1344 - Sever V. V. City Of Fort Collins, Et Al. - 018 - Joint Motion Extension Of TimeIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1344-NRN
Carl Sever,
Plaintiff.
v.
City of Fort Collins;
Jason Haferman;
Sergeant Allen Heaton; and
Corporal Redacted.
Defendants.
JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME
Plaintiff and Defendants, through their respective Counsel, submit the following as
their Joint Unopposed Motion to for Extension of Time:
CERTIFICATE OF CONFERRAL
All Counsel conferred with each other regarding the relief requested herein, and
there are no objections. Therefore, the Motion is unopposed.
1. Plaintiff Carl Sever (“Plaintiff”) initiated this lawsuit on May 3, 2023, against
the Defendants, in the Larimer County District Court, State of Colorado, captioned Carl
Sever v. City of Fort Collins, Jason Haferman, Sergeant Allen Heaton, and Corporal
Redacted. The matter was subsequently removed to this Court on May 26, 2023 (See
ECF 1).
2. According to the allegations of the Complaint, Plaintiff claims he was
wrongfully arrested by former Fort Collins Police Officer, Defendant Jason Haferman.
Case No. 1:23-cv-01344-NRN Document 18 filed 07/31/23 USDC Colorado pg 1 of 6
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The Complaint also alleges the City of Fort Collins and Sergeant Heaton failed to
supervise and train Mr. Haferman. In particular, Plaintiff’s Complaint alleges the following
claims: Against Defendant Haferman: violation of C.R.S. § 13-21-131 – Arrest without
Probable Cause; violation of C.R.S. § 13-21-131 – Violation of Due Process Malicious
Prosecution; violation of 42.U.S.C. § 1983 – Malicious Prosecution; Against all
Defendants: violation of 42 U.S.C. § 1983 - Unlawful Arrest without Probable Cause –
Individual, Failure-to- Supervise/Train, Unconstitutional Pattern/Practice under Monell,
Violation of Fourth Amendment Due Process.
3. In addition to this matter, there are four other lawsuits against the City of
Fort Collins, Sergeant Heaton, and Jason Haferman, arising out of alleged wrongful
arrests made by Mr. Haferman. (See Notice of Related Cases, ECF 2). Each of the
following matters were also removed on May 26, 2023, and are currently pending in the
United States District Court, District of Colorado:
• Cody Erbacher v. City of Fort Collins; Jason Haferman; Sergeant
Allen Heaton; and Corporal Redacted; 1:23-cv-01341-CNC-NRN.
• Jesse Cunningham v. City of Fort Collins; Jason Haferman; Sergeant
Allen Heaton; and Corporal Redacted; 1:23-cv-01342-SBP.
• Harris Elias v. City of Fort Collins; Jason Haferman; Sergeant Allen
Heaton; and Corporal Redacted, 1:23-cv-01343-GPG, and;
• Derrick Groves v. City of Fort Collins; Jason Haferman; Sergeant
Allen Heaton; and Corporal Redacted; 1:23-cv-01339-RM-STV.
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4. On or about May 12, 2023, the City of Fort Collins and Sergeant Heaton
waived service of the Complaint in this, and the other matters listed above. According to
the applicable State Court Rules, responses to the Complaints were due on or before
June 2, 2023.
5. On June 7, 2023, this Court granted the City of Fort Collins and Sergeant
Heaton’s request for an extension of time to respond to Plaintiff’s Complaint, and ordered
that any such response be filed 60-days from when Defendant Haferman waives service
by the Complaint. (ECF 16).
6. The City of Fort Collins and Sergeant Heaton intend on filing motions to
dismiss in each of the above-listed matters.
7. Defendant Haferman waived service of the Complaint, on May 30, 2023.
Therefore, his response to the Complaint is due on July 31, 2023. (ECF 15).
8. Each of the Complaints referenced above are approximately 45-pages long,
with approximately 230 paragraphs of factual allegations.
9. Once the responses to the motions to dismiss are filed, it will be incumbent
on the Plaintiffs in this and the other matters to file responses. In addition, the Parties will
need to meet and confer regarding a scheduling order, develop a scheduling order, attend
scheduling conferences, and otherwise engage in discovery and potentially motion
practice.
10. In conferral with respect to the motions to dismiss and generalized
discussions regarding discovery, Plaintiff’s Counsel indicated she is currently
recuperating from a very serious accident, wherein she suffered five broken ribs and will
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require two surgeries in the coming weeks to address her injuries. Counsel for all of the
Parties conferred, and agreed that due to Plaintiff’s injuries, expected recuperation, and
the start of litigation in this and the other matters listed above, a twenty-one day extension
of deadlines would be appropriate.
11. The Parties would, therefore, request the following extensions:
a. Filing of a response to Plaintiff’s Complaint by Mr. Haferman, the City of
Fort Collins, and Sergeant Allen Heaton: August 21, 2023.
b. Deadline to confer on a proposed scheduling order: August 31, 2023.
c. Rescheduling of the scheduling conference, currently set for August 24,
2023.
12. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel served their
clients with this Motion, as reflected on the accompanying Certificate of Service.
WHEREFORE, Plaintiff and Defendants request this Court grant the extensions as
set forth above, and for all other and further relief as this Court deems just and
appropriate.
Respectfully submitted this 31st day of July 2023.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Robert A. Weiner, Esq.
Katherine N. Hoffman, 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
hoffmank@hallevans.com
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Attorneys for City of Fort Collins and Sergeant
Allen Heaton
s/Yulia Nikolaevskya
Jonathan Abramson
Yulia Nikolaevskaya
Kissinger & Fellman, P.C.
3773 Cherry Creek N. Dr., #900
Denver, CO 80209
Telephone: 303-320-6100/303-327-8601
julie@kandf.com
Attorney for Defendant Jason Haferman
s/Sarah Schielke
Sarah Schielke
The Life & Liberty Law Office
1209 Cleveland Avenue
Loveland, CO 80537
Telephone: 970-493-1980/970-797-4008
sarah@lifeandlibertylaw.com
Attorney for Plaintiff Carl Sever
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 31st day of July 2023, a true and correct copy of the
foregoing JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME was filed with
the Court via CM/ECF and served on the below-listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Jonathan M. Abramson, Esq.
jonathan@kandf.com
Yulia Nikolaevskaya, Esq.
julie@kandf.com
Plaintiff, Harris Elias, through Counsel.
Jason Haferman, through Counsel.
City of Fort Collins, through Counsel.
Allen Heaton, through Counsel.
s/ Sarah Stefanick
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