HomeMy WebLinkAbout2023-cv-1341 - Erbacher V. V. City Of Fort Collins, Et Al. - 042 - Mot Extension Resp Mot Dismiss 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1341-CNS-NRN
CODY ERBACHER,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
ALLEN HEATON, and
JASON BOGOSIAN,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO DEFENDANTS’ MOTION TO DISMISS (ECF 40)
Plaintiff Cody Erbacher, by and through his attorney, file this Unopposed Motion
for Extension of Time to File Response to Defendant’s Motion to Dismiss and in support
of the same respectfully states as follows:
CERTIFICATE OF CONFERRAL
Sarah Schielke, undersigned counsel for Plaintiff Cody Erbacher, contacted
counsel for Defendants, via phone call on October 25, 2023 regarding the relief
requested herein. Defendants responded and are unopposed to this Motion.
1. Plaintiff Cody Erbacher initiated this lawsuit on May 3, 2023 in the Larimer County
District Court, State of Colorado. The matter was then removed to this court on May
26, 2023 (ECF 1).
Case No. 1:23-cv-01341-CNS-NRN Document 42 filed 10/26/23 USDC Colorado pg 1 of 3
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2. In addition to this matter, there are four other lawsuits against the Defendants also
pending (Notice of Related Cases, ECF 2).
3. Defendants City of Fort Collins and Sergeant Allen Heaton filed their Motion to Dismiss
on August 21, 2023 (ECF 22) in this matter as well as the other four lawsuits.
4. Plaintiff then filed a Motion for Leave to File an Amended Complaint (ECF 30). The
Motion was granted and the Amended Complaint (ECF 33) became the operative
pleading, rendering the Motion to Dismiss (ECF 22) moot.
5. Defendants City of Fort Collins, Sergeant Allen Heaton and Sergeant Jason Bogosian
filed a Motion to Dismiss (ECF 40) to the Amended Complaint on October 9, 2023.
6. The current deadline for Plaintiff’s response to the updated Motion to Dismiss is thus
now October 30, 2023.
7. Counsel for Plaintiff was in a serious accident in July involving several days
hospitalization and requiring multiple surgeries in the time since to recover. Counsel’s
most recent surgery (ACL reconstruction utilizing a tendon grafted from her quadricep)
just over two weeks ago has been a much slower (and more painful) recovery than
anticipated. One unforeseen complication since counsel’s attempted return to full-time
work last week has been her inability to sit or stand for any extended period of time
due to the significant and debilitating pain and stiffness it causes in the operated knee
and leg.
8. Due to these issues and the resultant lost time, counsel is requesting a brief two-week
extension to the deadline on Plaintiff’s response to Defendants’ Motion to Dismiss, for
a new filing deadline of Monday, November 13, 2023.
Case No. 1:23-cv-01341-CNS-NRN Document 42 filed 10/26/23 USDC Colorado pg 2 of 3
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9. No party will be prejudiced by the relief sought herein. This is the first request for an
extension to file a response to Defendant’s ECF 40 Motion to Dismiss.
WHEREFORE the Plaintiff respectfully requests a two-week extension to the deadline
for filing Plaintiff’s Response to Defendant City of Fort Collins, Sergeant Allen Heaton and
Jason Bogosian’s Motion to Dismiss (ECF 40), to November 13, 2023.
Respectfully submitted this 26th day of October, 2023.
THE LIFE & LIBERTY LAW OFFICE
/s/ Sarah Schielke
Sarah Schielke
The Life & Liberty Law Office LLC
1209 Cleveland Avenue
Loveland, CO 80537
P: (970) 493-1980
F: (970) 797-4008
E: sarah@lifeandlibertylaw.com
Counsel for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that on October 26, 2023, a true and accurate copy of the foregoing
Motion has been sent to the following parties by PACER/ECF:
Mark Ratner
Robert Weiner
Katherine Hoffman
Hall & Evans, LLC
Attorney for Defendants City of Fort Collins,
Sergeant Allen Heaton and Corporal Jason Bogosian
Yulia Nikolaevskya
Jonathan Abramson
Kissinger & Fellman, P.C.
Attorney for Defendant Jason Haferman
Cody Erbacher
Plaintiff /s/ Sarah Schielke
Case No. 1:23-cv-01341-CNS-NRN Document 42 filed 10/26/23 USDC Colorado pg 3 of 3