HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 025 - Mot Extension Resp Mot Dismiss 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1342-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL REDACTED,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO DEFENDANT’S MOTION TO DISMISS (ECF 19)
Plaintiff Jesse Cunningham, 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 Jesse Cunningham, contacted
counsel for Defendants, via email on October 20, 2023 regarding the relief requested
herein. Defendants responded and are unopposed to this Motion.
1. Plaintiff Jesse Cunningham 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-01342-SBP Document 25 filed 10/23/23 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 19) in this matter as well as the other four lawsuits.
4. Plaintiff filed a Motion for Leave to File Amended Complaint (ECF 24) on October 20,
2023.
5. The parties are currently waiting on the Court’s ruling on the Motion for Leave. If the
Court grants the Motion, that will moot the pending Motion to Dismiss.
6. Wherefore, Plaintiff requests a two-week extension to file his response to the Motion
to Dismiss to permit time for the Court to rule on the pending Motion for Leave to file
Amended Complaint.
7. No party will be prejudiced by the relief sought herein.
WHEREFORE the Plaintiff respectfully requests a two-week extension to the deadline
for filing Plaintiff’s Response to Defendant City of Fort Collins and Sergeant Allen
Heaton’s Motion to Dismiss (ECF 19), to November 6, 2023.
Respectfully submitted this 23rd 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
Case No. 1:23-cv-01342-SBP Document 25 filed 10/23/23 USDC Colorado pg 2 of 3
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CERTIFICATE OF SERVICE
This is to certify that on October 23, 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
and Sergeant Allen Heaton
Yulia Nikolaevskya
Jonathan Abramson
Kissinger & Fellman, P.C.
Attorney for Defendant Jason Haferman
Jesse Cunningham
Plaintiff /s/ Sarah Schielke
Case No. 1:23-cv-01342-SBP Document 25 filed 10/23/23 USDC Colorado pg 3 of 3