HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 031 - DEFENDANT JASON SHUTTERS MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S AMENDED COMPLAINTIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-STV
CHAYCE AARON ANDERSON,
Plaintiff,
v.
CARA BOXBERGER (In their (sic) Individual Capacity only),
JASON SHUTTERS (In their (sic) Individual Capacity only),
MARK DELANO (In their (sic) Individual Capacity only).
Defendants.
_____________________________________________________________________
DEFENDANT JASON SHUTTERS’ MOTION FOR EXTENSION OF TIME
TO FILE A RESPONSE TO PLAINTIFF’S AMENDED COMPLAINT (ECF No.9)
______________________________________________________________________
Defendant, Jason Shutters, through his Attorneys, Hall & Evans, LLC, submit the
following as his First Motion for Extension of Time to Submit a Response to Plaintiff’s
Complaint (ECF No.9):
D.C.Colo.LCivR 7.1(b)(1) Duty To Confer
Based on information and belief, pro se Plaintiff is currently an
incarcerated prisoner. Pursuant to D.C.Colo.LCivR 7.1(b)(1),
there is no duty to confer with an unrepresented prisoner.
D.C. Colo.LCivR 6.1(b)
Pursuant to D.C.Colo.LCivR 6.1(b), this is the first request for
extension of time by Defendant Shutters. A copy of this
Motion has been served on the moving attorney’s client.
Defendant Shutters seeks an extension of the deadline to file
a response to Plaintiff’s Complaint (ECF No.9), to September
13, 2017.
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1. According to the allegations of Plaintiff’s Complaint (ECF No.9), this matter
appears to arise from his arrest and conviction on charges involving sexual assault (see
generally ECF No. 9)1
.
2. Pursuant to the applicable Rules, Defendant Shutters’ response to the
Amended Complaint is due on or about August 30, 2017.
3. The Amended Complaint (ECF No. 9) is forty-one pages in length. It
presents a combination of claims and allegations, which are difficult to discern but appear
to be based on the following: 42 U.S.C. §1983, violation of the Fourth, Sixth and
Fourteenth Amendments to the United States Constitution, malicious prosecution,
defamation and slander, intentional infliction of emotional distress, violation of the Equal
Protection Clause, violation of the “Federal Juvenile Delinquency Act and Constitutional
Right to Confidentiality”, “violation of the Right of Exculpatory Evidence”, “Withheld,
Concealed, or Destroyed Exculpatory Evidence”, “Constitutional Right to be Free from
Unconstitutional and Malicious Plea Bargains” and, “Subornination (sic) of Perjury”. It is
unclear which claims apply to this Defendant.
4. In order to have sufficient time to decipher Plaintiff’s Amended Complaint,
and prepare a proper response, Defendant Shutters requests an extension of the August
30, 2017 deadline, to September 13, 2017.
1 The Amended Complaint is written in such a manner so as to make identification of Plaintiff’s
purported claims and allegations very difficult to decipher. As of the writing of this Motion, Defendant Shutters is
unsure as to what claims are actually levied against him within the 42-page missive.
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WHEREFORE, Defendant Jason Shutters respectfully request the Court grant his
Motion, and extend the time for filing of a response to Plaintiff’s Amended Complaint to
September 13, 2017.
Dated: August 28, 2017
Respectfully Submitted
Duly Signed original in the file located at
Hall & Evans, LLC
/s/ Mark S. Ratner
Mark S. Ratner, #38517
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202-
Attorneys for Defendant Jason
Shutters
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on this 28th day of August 2017, I served via email the
foregoing DEFENDANT JASON SHUTTER’S FIRST MOTION FOR EXTENSION OF
TIME TO SUBMIT A RESPONSE TO PLAINTIFF’S COMPLAINT (ECF No.9) to the
following:
Plaintiff:
Chayce Aaron Anderson
Arkansas Valley Correctional Facility
12790 Hwy. 96
Ordway, CO. 81034
Jason Shutters
c/o City of Fort Collins City Attorney’s Office
300 Laporte Avenue
Fort Collins, CO 80521
s/ Rochelle Gurule ___
Legal Assistant to Mark S. Ratner, Esq.
Of Hall & Evans, LLC
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