HomeMy WebLinkAbout2023-cv-1343 - Elias V. V. City Of Fort Collins, Et Al. - 040 - Pl's Unopp Mot Extension Resp Mot Dismiss 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-1343-GPG-KAS
HARRIS ELIAS,
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 22)
Plaintiff Harris Elias, 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 Harris Elias, contacted counsel
for Defendants, via email on November 3, 2023 regarding the relief requested herein.
Defendants responded and are unopposed to this Motion.
1. Plaintiff Harris Elias 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-01343-GPG-KAS Document 40 filed 11/03/23 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 22) in this matter as well as the other four lawsuits.
4. Plaintiff filed a Motion for Leave to File Amended Complaint (ECF 36) on September
13, 2023.
5. The parties are currently waiting on the Court’s ruling on the Motion for Leave.
6. 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
MTD Response filing deadline for the reasons explained above through November 13,
2023.
7. Wherefore, Plaintiff requests a one-week extension to file his response to the Motion
to Dismiss.
8. 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 and Sergeant Allen
Heaton’s Motion to Dismiss (ECF 22), to November 13, 2023.
Respectfully submitted this 3rd 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
P: (970) 493-1980
F: (970) 797-4008
Case No. 1:23-cv-01343-GPG-KAS Document 40 filed 11/03/23 USDC Colorado pg 2 of 3
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E: sarah@lifeandlibertylaw.com
Counsel for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that on November 3, 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
Harris Elias
Plaintiff
/s/ Madie Baskin
Madie Baskin, Paralegal
Case No. 1:23-cv-01343-GPG-KAS Document 40 filed 11/03/23 USDC Colorado pg 3 of 3