HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 046 - City Mot Extension Re ReplyIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1342-CNS-SPB
Jesse Cunningham,
Plaintiff.
v.
City of Fort Collins; and
Jason Haferman.
Defendants.
DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS (ECF 19)
Defendant City of Fort Collins, by and through their undersigned counsel, Hall &
Evans, LLC, hereby submit the following Unopposed Motion for Extension of Time to File
their Reply in Support of their Motion to Dismiss (ECF 19) as follows:
CERTIFICATE OF CONFERRAL
Counsel for Defendant conferred with Plaintiff’s Counsel, Sarah Schielke, Esq.
prior to filing this motion. Plaintiff does not oppose the relief requested herein.
STATEMENT PURSUANT TO D.C.Colo.LCivR 6.1(b)
Defendants are seeking a 14-day extension to file their Reply in Support of their
Motion to Dismiss.
1. According to the allegations of the Complaint, Plaintiff Jesse Cunningham
(“Plaintiff”) claims he was wrongfully arrested on July 29, 2021, by former Fort Collins
Police Officer, Defendant Jason Haferman. The Complaint also alleges the City of Fort
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Collins and Sergeant Heaton failed to supervise and train Mr. Haferman. In particular,
Plaintiff’s Complaint alleges the following claims: Against Defendant Haferman: violation
of C.R.S. § 13-21-131 – Arrest without Probable Cause; violation of C.R.S. § 13-21-131
– Violation of Due Process Malicious Prosecution; violation of 42.U.S.C. § 1983 –
Malicious Prosecution; Against all Defendants: violation of 42 U.S.C. § 1983 - Unlawful
Arrest without Probable Cause – Individual, Failure-to- Supervise/Train, Unconstitutional
Pattern/Practice under Monell, Violation of Fourth Amendment Due Process.
2. In addition to this matter, there are four other lawsuits against the City of
Fort Collins, Sergeant Heaton, and Jason Haferman, arising out of alleged wrongful
arrests made by Mr. Haferman. (See Notice of Related Cases, ECF 2). Motions to
Dismiss were also filed in each of the following matters and are currently pending in the
United States District Court, District of Colorado:
• Derrick Groves v. City of Fort Collins; and Jason Haferman, 1:23-cv-
01339-RM-STV.
• Cody Erbacher v. City of Fort Collins; and Jason Haferman, 1:23-cv-
01341-CNS-NRN.
• Harris Elias v. City of Fort Collins; Jason Haferman; and Sergeant
Allen Heaton, 1:23-cv-01343-GPG, and;
• Carl Sever v. City of Fort Collins; and Jason Haferman, 1:23-cv-
01344-REB.
3. On August 21, 2023, the City of Fort Collins and Sergeant Heaton filed their
Motion to Dismiss Plaintiff’s Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) and
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request for qualified immunity. See ECF 19. On November 20, 2023, Sergeant Bogosian
filed his Motion to dismiss Plaintiff’s Amended Complaint pursuant to Fed. R. Civ. P.
12(b)(6) and request for qualified immunity. See ECF 39.
4. On September 7, 2023, October 23, 2023, October 27, 2023, November 13,
2023 and November 27, 2023, Plaintiff filed Motions for Extension of Time to Respond to
Defendants’ Motion to Dismiss. See ECF 21, 25, 27, 34 and 40. This Court Granted all
extensions (See ECF 22, 26, 28, 35 and 41). Ultimately, making Plaintiff’s Response due
November 29, 2023. Plaintiff filed their Response to Defendants’ Motion to Dismiss on
November 29, 2023. Pursuant to D.C.Colo.LCiv.R.7.1(d), Defendants’ Reply is due
December 13, 2023.
5. On November 6, 2023, Plaintiff filed a Notice of Voluntary Dismissal of
Sergeant Heaton and Sergeant Bogosian. (See ECF 44 and 45). Therefore, the only
remaining Defendants in this matter are the City of Fort Collins and Jason Haferman.
6. Due to the Christmas holiday, and the fact undersigned Counsel needs to
prepare replies in each of the other matters, the City of Fort Collins is respectfully
requesting a brief 14-day extension up to and including December 27, 2023 to file its
Reply in Support of their Motion to Dismiss.
7. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel as served his
clients with this Motion, as reflected on the accompanying Certificate of Service.
WHEREFORE, Defendant City of Fort Collins respectfully requests this Court grant
them an extension of time up to and including December 27, 2023 to file their Reply in
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Support of their Motion to Dismiss, and for all other and further relief as this Court deems
just and appropriate.
Respectfully submitted this 8th day of December 2023.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Robert A. Weiner, Esq.
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
weinerr@hallevans.com
hoffmank@hallevans.com
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 8th day of December 2023, a true and correct copy of
the foregoing DEFENDANT CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS (ECF
19) was filed with the Court via CM/ECF and served on the below-listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
and served on the following via e-mail:
City of Fort Collins
c/o Aaron Guin, Esq.
s/ Sarah Stefanick
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