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HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 034 - 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-CNS-SBP JESSE CUNNINGHAM, Plaintiff, v. CITY OF FORT COLLINS, JASON HAFERMAN, ALLEN HEATON, and JASON BOGOSIAN, Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR TWO-WEEK EXTENSION TO FILE RESPONSE TO DEFENDANTS’ MOTION TO DISMISS (ECF 19) Plaintiff Jesse Cunningham, by and through his attorney, file this Unopposed Motion for Two-Week 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 Jesse Cunningham, contacted counsel for Defendants, via email on Thursday, November 9 regarding the relief requested herein. Defendants responded and are unopposed to this Motion. 1. The current deadline for Plaintiff’s response to Defendants’ Motion to Dismiss [ECF 19] is Monday November 13. 2. Counsel for Plaintiff intended to work this Friday -Monday drafting that response. However, on Thursday night one of counsel’s two children (5yo daughter) and her Case No. 1:23-cv-01342-CNS-SBP Document 34 filed 11/13/23 USDC Colorado pg 1 of 3 2 husband (primary care provider) fell ill and tested positive for COVID. Counsel and her other child (6yo daughter) tested negative. This has not been an ideal child care scenario. Friday was Veteran’s Day with no school for the healthy child. Understandably, no one was eager to babysit a child from the COVID -hit household. In addition to the healthy child, Plaintiff’s counsel also had to care for the COVID -hit portion of the household. Despite best efforts during those days, counsel has been unable to work on Plaintiff’s Response at all. 3. Still, Plaintiff’s counsel held onto hopes of somehow managing to get this document done by the existing deadline. Then, around lunch on Saturday she started feeling symptoms herself. Sunday morning, counsel tested positive for COVID. As of this morning (Monday) counsel is extremely sick with a fever, fatigue, and cough. 4. Counsel is requesting a 2-week extension to the existing deadline on Plaintiff’s response to Defendants’ Motion to Dismiss, for a new filing deadline of Monday, November 27, 2023. 5. No party will be prejudiced by the relief sought herein. WHEREFORE the Plaintiff respectfully requests a 2-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 27, 2023. Respectfully submitted this 13th 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 34 filed 11/13/23 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 13, 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 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-CNS-SBP Document 34 filed 11/13/23 USDC Colorado pg 3 of 3