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HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 021 - 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, SERGEANT ALLEN HEATON, and CORPORAL REDACTED, Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANT’S AMENDED 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 September 6, 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 21 filed 09/07/23 USDC Colorado pg 1 of 3 2 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’s counsel was involved in a serious accident 8 weeks ago which caused five broken ribs, torn ligaments in her shoulder, a torn ACL and significant road rash. Her injuries have caused numerous delays and rescheduling of court appearances, trials and depositions as she recuperates. The deadline for Plaintiff’s Response to Defendant’s Motion to Dismiss is currently September 11, 2023. Counsel has three depositions, a jury trial, an out of state conference she is presenting at and then her ACL reconstruction surgery on October 3 which will put her out of commission for two weeks. The soonest she will be able to turn adequate attention to drafting a response to the pending Motion to Dismiss is the week of October 16. 5. Undersigned counsel requests a six-week extension (up to and including October 23, 2023) to the deadline to accommodate. 6. 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 Motion to Dismiss. WHEREFORE the Plaintiff respectfully requests a six-week extension to the deadline for filing Plaintiff’s Response to Defendant City of Fort Collins and Serge ant Allen Heaton’s Motion to Dismiss (ECF 19), to October 23, 2023. Respectfully submitted this 7th day of September, 2023. THE LIFE & LIBERTY LAW OFFICE /s/ Sarah Schielke Case No. 1:23-cv-01342-SBP Document 21 filed 09/07/23 USDC Colorado pg 2 of 3 3 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 September 7, 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 21 filed 09/07/23 USDC Colorado pg 3 of 3