HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 082 - DEFENDANT'S REPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO CONTEST TIME OF SERVICE OF RECOMMENDATIONIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-CMA
CHAYCE AARON ANDERSON,
Plaintiff,
v.
JASON SHUTTERS (In their (sic) Individual Capacity only),
Defendants.
_____________________________________________________________________________
DEFENDANT JASON SHUTTERS’ RESPONSE IN OPPOSITION TO PLAINTIFF’S
MOTION TO CONTEST TIME OF SERVICE OF RECOMMENDATION (ECF No. 78)
______________________________________________________________________
Defendant Jason Shutters, through his Attorneys Hall & Evans, LLC, submits the
following as his Response In Opposition to Plaintiff’s Motion to Contest Time of Service
of Recommendation (ECF No. 78), as follows:
I. ARGUMENT
On March 8, 2018, Plaintiff filed a pleading entitled, “Motion to Contest Time of
Service of Recommendation and Order, Contest Denial of Extension, & Contest Time of
U.S.D.C.’s Filing of Mr. Anderson’s Formal Opposition” (ECF No. 78) (“Motion”).
The Motion fails to identify the specific pleading(s) which Plaintiff contends were
not timely served, or any applicable case law or evidence to support his position. In
addition, to any extent Plaintiff is attacking the Court’s most recent order dismissing
certain claims against Defendant Shutters, this Defendant argues that the Court’s
Recommendation and subsequent order of dismissal are consistent with the Court’s
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previous determination respecting the validity of certain claims, set forth in ECF No. 17.
Plaintiff offers no new arguments with respect to the dismissal of those claims and should
not be allowed to make such arguments at this juncture.
II. CONCLUSION
WHEREFORE, Defendant Shutters respectfully requests the Court deny Plaintiff’s
Motion.
Dated this 21st day of March 2018.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
HALL & EVANS, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Phone: (303) 628-3300
Fax: (303) 628-3368
Ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANT
JASON SHUTTERS
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on this 21st day of March 2018, I electronically filed the
foregoing DEFENDANT JASON SHUTTERS’ RESPONSE IN OPPOSITION TO
PLAINTIFF’S MOTION TO CONTEST TIME OF SERVICE OF RECOMMENDATION
(ECF No. 78) with the Clerk of Court using the CM/ECF system and vial Regular Email
to the following:
Plaintiff:
Chayce Aaron Anderson, #175290
Arkansas Valley Correctional Facility
12750 Hwy. 76 at Lane 13
Ordway, CO. 81034
Chayce Aaron Anderson, #175290
Larimer County Jail
2405 Midpoint Drive
Fort Collins, CO 80525
s/ Rochelle Gurule ___
Legal Assistant to Mark S. Ratner, Esq.
Of Hall & Evans, LLC
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