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HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 040 - Pl's Unopp Mot Ext Resp Mtd 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 BOGOSIAN, Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR TWO-DAY EXTENSION TO FILE RESPONSE TO DEFENDANT’S MOTION TO DISMISS (ECF 19) Plaintiff Jesse Cunningham, by and through his attorney, files this Unopposed Motion for Two-Day Extension 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 Mr. Cunningham, contacted counsel for Defendants via email and is authorized to state they are unopposed. 1. The current deadline for Plaintiff’s response to Defendants’ Motion to Dismiss [ECF 19] is Monday November 27. 2. Last night everyone in Plaintiff’s counsel’s family (including Plaintiff’s counsel and her 5/6 y.o. kids) fell ill with food poisoning. Case No. 1:23-cv-01342-CNS-SBP Document 40 filed 11/27/23 USDC Colorado pg 1 of 3 2 3. Plaintiff’s counsel has been working on the response due today over the past week since recovering from COVID herself just last weekend, and is still endeavoring today, working from home, to get it finished in time. However today is also the deadline for this Response to Defendants’ MTD in the 4 other related cases and with time getting tight and everyone still quite sick at home it seems that extraordinary circumstances may be conspiring to require another day (or two at the most) to get this task properly completed across all 5 cases. 4. Counsel is requesting a 2-day extension to the existing deadline on Plaintiff’s response to Defendants’ Motion to Dismiss, for a new filing deadline of Wednesday, November 29, 2023. 5. Counsel has requested a previous extension due to recovery from surgery following an accident and then a two-week extension due to her family first, and then a week later, her, getting COVID. No party will be prejudiced by the relief sought herein and given the progress she’s already made drafting the response at issue since returning to work last week, counsel is certain that no further extensions will be necessary. WHEREFORE the Plaintiff respectfully requests a 2-day 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 29, 2023. Respectfully submitted this 27th day of November, 2023. THE LIFE & LIBERTY LAW OFFICE /s/ Sarah Schielke Sarah Schielke The Life & Liberty Law Office LLC 1209 Cleveland Avenue Loveland, CO 80537 Case No. 1:23-cv-01342-CNS-SBP Document 40 filed 11/27/23 USDC Colorado pg 2 of 3 3 P: (970) 493-1980 F: (970) 797-4008 E: sarah@lifeandlibertylaw.com Counsel for Plaintiff CERTIFICATE OF SERVICE This is to certify that on November 27, 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-CNS-SBP Document 40 filed 11/27/23 USDC Colorado pg 3 of 3