HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 039 - MOTION FOR EXTENSION OF TIME TO FILE PROPOSED SCHEDULING ORDERIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-CMA
CHAYCE AARON ANDERSON,
Plaintiff,
v.
JASON SHUTTERS,
Defendant.
________________________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE PROPOSED SCHEDULING ORDER
AND CONTINUE SCHEDULING CONFERENCE
FROM DEFENDANT JASON SHUTTERS
Defendant Jason Shutters, through his attorneys, Hall & Evans, L.L.C., moves for
Extension of Time to File Proposed Scheduling Order and to Continue Scheduling
Conference, as follows:
1. D.C.Colo.LCivR 7.1(b)(1) Duty to Confer: Plaintiff, pro se, 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.
2. According to the allegations of Plaintiff’s Amended Complaint [ECF No. 9],
this matter appears to arise from Plaintiff’s arrest and conviction on charges involving
sexual assault.
3. This matter is currently set for a scheduling conference on Friday,
September 15, 2017, at 10:00 a.m. [ECF No. 21].
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4. The Court directed the Parties to file a joint proposed scheduling order prior
to that scheduling conference [ECF No. 21].
5. Mr. Shutters’ Response to Plaintiff’s Amended Complaint is currently due
on September 13, 2017 [ECF No. 32]. Counsel for Mr. Shutters was recently retained, is
currently working on that Response, and intends to have that Response filed with the
Court by the specified deadline.
6. As of the date of this Motion, counsel for Mr. Shutters is still investigating
the allegations of the Amended Complaint and lacks the specifics necessary to draft a
proposed scheduling order. The Amended Complaint lacks clarity as to what purported
claims Plaintiff asserts against Mr. Shutters and the legal and factual bases for those
claims.
7. To the extent that Plaintiff’s allegations against Mr. Shutters are
decipherable, Mr. Shutters intends to move to dismiss Plaintiff’s claims, assert the
doctrine of qualified immunity, and move to stay these proceedings accordingly. As such,
undertaking further efforts to obtain specifics for purposes of drafting a proposed
scheduling order and participating in a scheduling conference would be impractical at this
time.
8. For these reasons, Mr. Shutters moves for an extension of time of 21 days
from the date of this Motion to file the Parties’ Proposed Scheduling Order, up to and
including Monday, October 2, 2017, and moves to continue the scheduling conference to
a date thereafter.
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9. Mr. Shutters does not submit this Motion for purposes of delay and believes
that no party will be prejudiced by the requested extension of time.
WHEREFORE, Defendant Jason Shutters respectfully requests that the Court
grant his Motion, extend the time for filing the Proposed Scheduling Order, up to and
including October 2, 2017, and continue the scheduling conference to a date thereafter.
DATED this 11th day of September, 2017.
Respectfully submitted,
s/ Mark S. Ratner____________
Mark S. Ratner, Esq.
of Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
P: (303) 628-3300; F: (303) 628-3368
ratnerm@hallevans.com
ATTORNEY FOR JASON SHUTTERS
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 11th day of September, 2017, I electronically filed the
foregoing MOTION FOR EXTENSION OF TIME TO FILE PROPOSED SCHEDULING
ORDER AND TO CONTINUE SCHEDULING CONFERENCE, with the Clerk of Court
using the CM/ECF system to the following:
Plaintiff:
Chayce Aaron Anderson, Pro Se
Arkansas Valley Correctional Facility
12790 Hwy. 96
Ordway, CO 81034
s/Rochelle Gurule, Legal Assistant to
Mark Ratner, Esq.
of Hall & Evans, L.L.C.
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