HomeMy WebLinkAbout2023-cv-1343 - Elias V. V. City Of Fort Collins, Et Al. - 053 - City Heaton Unopp Mot Extension Re ReplyIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1343-GPG-KLM
Harris Elias,
Plaintiff.
v.
City of Fort Collins;
Jason Haferman; and
Sergeant Allen Heaton.
Defendants.
DEFENDANTS CITY OF FORT COLLINS AND SERGEANT ALLEN HEATON’S
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT
OF MOTION TO DISMISS (ECF 22)
Defendants City of Fort Collins and Sergeant Allen Heaton, 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 22)
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.
Case No. 1:23-cv-01343-GPG-KAS Document 53 filed 12/08/23 USDC Colorado pg 1 of 5
2
1. According to the allegations of the Complaint, Plaintiff Harris Elias
(“Plaintiff”) claims he was wrongfully arrested on December 3, 2021, by former Fort
Collins Police Officer, Defendant Jason Haferman. The Complaint also alleges the City
of Fort 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.
• Jesse Cunningham v. City of Fort Collins; and Jason Haferman,
1:23-cv-01342-REB, and;
Case No. 1:23-cv-01343-GPG-KAS Document 53 filed 12/08/23 USDC Colorado pg 2 of 5
3
• 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
request for qualified immunity. See ECF 22.
4. On September 7, 2023, October 20, 2023, November 3, 2023, November
13, 2023 and November 27, 2023, Plaintiff filed Motions for Extension of Time to Respond
to Defendants’ Motion to Dismiss. See ECF 30, 38, 40, 42 and 46. This Court Granted all
extensions (See ECF 32, 39, 41, 43 and 47). 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 Bogosian. (See ECF 51). Therefore, the only remaining Defendants in this
matter are the City of Fort Collins, Sergeant Heaton, 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.
Case No. 1:23-cv-01343-GPG-KAS Document 53 filed 12/08/23 USDC Colorado pg 3 of 5
4
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
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
Case No. 1:23-cv-01343-GPG-KAS Document 53 filed 12/08/23 USDC Colorado pg 4 of 5
5
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
22) 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 John Duval, Esq.
Sergeant Allen Heaton
s/ Sarah Stefanick
Case No. 1:23-cv-01343-GPG-KAS Document 53 filed 12/08/23 USDC Colorado pg 5 of 5