HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 053 - PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO SUBSTITUE ESTATE OF PLAINTIFFIN 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
7-DAY EXTENSION OF TIME, UNTIL AUGUST 7, 2018, TO FILE
F.R.C.P. 25 MOTION TO SUBSTITUTE ESTATE AS PLAINTIFF
Plaintiff, Dakota McGrath, by and through counsel, Anthony Viorst of the Viorst Law
Offices, P.C., hereby moves for an additional 7-day extension of time, until August 7, 2018, to
file an F.R.C.P. 25 motion to substitute the estate as the plaintiff in this matter, as follows:
Certification
Undersigned counsel certifies that he has conferred with opposing counsel, Matthew
Hegarty, who does not oppose the relief requested herein.
1. Plaintiff Dakota McGrath has died. Undersigned counsel intends to substitute
Plaintiff’s estate as the Plaintiff in this matter, pursuant to F.R.C.P. 25.
2. Undersigned counsel is not a probate lawyer, and the paperwork to establish the
estate has been completed by outside counsel. Outside counsel has informed undersigned
counsel that the paperwork has been submitted to the appropriate government entity, but that he
is still waiting for “letters of administration.” Apparently, the estate is not considered a viable
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entity until the “letters of administration” have been issued. Outside counsel has informed
undersigned counsel that the “letters of administration” should be issued by the end of the week.
3. The parties have now resolved this matter, so the substitution of the Estate as the
Plaintiff in this case is a mere formality.
WHEREFORE, for the foregoing reasons, Plaintiff moves for an unopposed 7-day
extension of time, until August 7, 2018 to file an F.R.C.P. 25 motion to substitute the estate as
the plaintiff in this matter.
Dated this 30th
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
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CERTIFICATE OF SERVICE
I hereby certify that on this 30th
day of July, 2018, I electronically filed a true and correct
copy of the above and foregoing PLAINTIFF’S UNOPPOSED MOTION FOR ADDITIONAL
7-DAY EXTENSION OF TIME, UNTIL AUGUST 7, 2018, TO FILE F.R.C.P. 25 MOTION
TO SUBSTITUTE ESTATE AS PLAINTIFF 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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