HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 027 - Mot Extension Respond 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,
ALLEN HEATON, and
JASON BOGOSIAN,
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO DEFENDANTS’ MOTION TO DISMISS (ECF 19)
Plaintiff Jesse Cunningham, by and through his attorney, files this Unopposed
Motion for Extension of Time to File Response to Defendants’ 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 26, 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 27 filed 10/27/23 USDC Colorado pg 1 of 4
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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 in the other four lawsuits.
4. Plaintiff’s counsel sought one extension to the deadline for filing his response to that
MTD for health reasons (see below) which the Court granted, making the current
deadline for Plaintiff’s Response November 6, 2023.
5. Plaintiff then filed a Motion for Leave to File an Amended Complaint (ECF 24). The
Motion was granted and the Amended Complaint (ECF 24-1) became the operative
pleading, however the Court directed in a minute order that because the Amended
Complaint just substituted Bogosian’s name and did not make any other significant
modifications, Defendants’ pending Motion to Dismiss (ECF 19) was not moot and
instead would be treated as applying to the now operative Amended Complaint.
6. 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 (a nd 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.
7. There are Motions to Dismiss pending in the four related cases (see Notice of Related
Cases, ECF 2) most of for which Plaintiff’s counsel has obtained extensions on the
Case No. 1:23-cv-01342-SBP Document 27 filed 10/27/23 USDC Colorado pg 2 of 4
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MTD Response filing deadline for the reasons explained above through November 13,
2023.
8. Due to the aforementioned issues, counsel is requesting a brief one-week extension
to the deadline on Plaintiff’s response to Defendants’ Motion to Dismiss, for a new
filing deadline of Monday, November 13, 2023.
9. This is the second request for an extension to file a response to Defendant’s ECF 19
Motion to Dismiss. No party will be prejudiced by the relief sought herein.
WHEREFORE the Plaintiff respectfully requests a one-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 19), to November 13, 2023.
Respectfully submitted this 27th 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 27, 2023, a true and accurate copy of the foregoing
Motion has been sent to the following parties by PACER/ECF:
Case No. 1:23-cv-01342-SBP Document 27 filed 10/27/23 USDC Colorado pg 3 of 4
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Mark Ratner
Robert Weiner
Katherine Hoffman
Hall & Evans, LLC
Attorney for Defendants City of Fort Collins,
Allen Heaton and Jason Bogosian
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 27 filed 10/27/23 USDC Colorado pg 4 of 4