HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 051 - MOTION FOR ADDITIONAL EXTENSIONIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-CV-01177-LTB-NYW
DAKOTA TYLER MCGRATH,
Plaintiff,
v.
FORT COLLINS POLICE SERVICES OFFICER NICK RODGERS, in his individual
capacity,
Defendant.
PLAINTIFF’S UNOPPOSED MOTION FOR ADDITIONAL 14-DAY
EXTENSION OF TIME, UNTIL AUGUST 8, 2018, TO RESPOND
TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff, Dakota McGrath, by and through counsel, Anthony Viorst of the Viorst Law
Offices, P.C., hereby moves for an additional 14-day extension of time, until August 8, 2018, to
file a Response to Defendant’s Motion for Summary Judgment, and states as follows:
Certification
Undersigned counsel certifies that he has conferred with opposing counsel, Matthew
Hegarty, who does not oppose the relief requested herein.
1. Defendant filed his motion for summary judgment on June 6, 2018.
2. Due to the ongoing negotiations between the parties, and the fact that attorney
fees are compensable in 42 U.S.C. §1983 cases, the parties have agreed that it would be mutually
beneficial to extend the time for responding to the motion for summary judgment, rather than
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having Plaintiff’s counsel incur additional attorney fees. Therefore, multiple extensions have
been requested, without opposition by defense counsel, and granted by this Court.
3. The parties are cautiously optimistic that a resolution of this matter can be
achieved, but negotiations are still ongoing.
4. The most recent due date for filing a responsive pleading was yesterday, July 25,
2018. Although undersigned counsel and defense counsel spoke on June 24, 2018, and defense
counsel agreed to an additional 14-day extension of time to file the responsive pleading,
undersigned counsel inadvertently failed to file the motion for extension of time on or before the
due date.
5. Plaintiff has otherwise been diligent in prosecuting this matter, and is in the
process of establishing a probate estate for Mr. McGrath, who has recently died.
6. Undersigned counsel apologizes to this Court for the oversight, and asks for an
additional 14-day extension of time, until August 8, 2018, to file the response to Defendant’s
motion for summary judgment.
WHEREFORE, for the foregoing reasons, Plaintiff moves for an unopposed 14-day
extension of time, until August 8, 2018 to file a response to Defendant’s Motion for Summary
Judgment.
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Dated this 26
th
day of July, 2018.
THE VIORST LAW OFFICES, P.C.
[Original signature on file at Viorst Law Offices, P.C.]
s/ Anthony Viorst
Anthony Viorst, #18508
Viorst Law Offices, PC
950 South Cherry Street, Suite 300
Denver, CO 80246
Telephone: (303) 759-3808
Facsimile: (303) 333-7127
E-mail: tony@hssspc.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on this 26
th
day of July, 2018, I electronically filed a true and correct
copy of the above and foregoing PLAINTIFF’S UNOPPOSED MOTION FOR
ADDITIONAL 14-DAY EXTENSION OF TIME, UNTIL AUGUST 8, 2018, TO
RESPOND TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT with the Clerk
of the Court using the CM/ECF system, which will send notification of such filing to the
following e-mail address(es):
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
[Original signature on file at Viorst Law Offices, P.C.]
s/ Michelle Spadavecchia
Legal Assistant
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