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HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 115 - DEFENDANT JASON SHUTTERS UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINES3769205.1 IN 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’ UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINES ______________________________________________________________________ Defendant, Jason Shutters, through his Attorneys, Hall & Evans, LLC, submit the following as his Unopposed Motion for Extension of Discovery Deadlines, as follows: D.C.Colo.LCivR 7.1(b)(1) Duty To Confer Undersigned Counsel conferred with Counsel for the Plaintiff, via email, on February 26, 2019. Plaintiff does not object to the requested relief. D.C. Colo.LCivR 6.1(b) Pursuant to D.C.Colo.LCivR 6.1(b), this is the second request for extension of time solely by Defendant Shutters. Defendant Shutters also joined in a request for an extension of time, with Plaintiff. A copy of this Motion has been served on the moving attorney’s client. Defendant Shutters seeks an extension of the remaining discovery deadlines by 45-days. Case 1:17-cv-00884-CMA-STV Document 115 Filed 02/26/19 USDC Colorado Page 1 of 5 2 3769205.1 1. According to the allegations of Plaintiff’s Second Amended Complaint (ECF No.61), this matter arises from Mr. Anderson’s arrest (see generally ECF No. 61). Plaintiff claims that during the arrest, he was subjected to excessive force when Detective Shutters applied handcuffs. 2. On December 12, 2018, the parties filed a joint motion to extend discovery deadlines (ECF No. 109), in order to provide sufficient time to complete discovery, including responses to Defendant’s interrogatories and requests for production of documents (ECF No. 109 at 2). 3. On December 13, 2018, the Court granted the motion (ECF No. 111). The Court’s order provided for the following pertinent discovery deadlines: - Discovery cut-off: April 4, 2019 - Dispositive motion deadline: May 2, 2019 - Defendant’s designation of experts: March 4, 2019 - Rebuttal experts: March 18, 2019 - Interrogatory deadline: March 4, 2019 - Requests for Production of Documents and/or Admissions: March 4, 2019. Additionally, the Court ordered Plaintiff to provide responses to written discovery by January 28, 2019, and reset the Final Pretrial Conference to July 8, 2019. (ECF No. 111 at 2). 4. The parties have continued to engage in discovery. Responses to Defendant’s interrogatories and requests for production of documents were received, and Plaintiff’s deposition is currently set for March 7, 2019. Case 1:17-cv-00884-CMA-STV Document 115 Filed 02/26/19 USDC Colorado Page 2 of 5 3 3769205.1 5. The crux of this matter involves a purported injury to Plaintiff’s wrists. Any medical treatment and the resulting records are, therefore, pertinent to this matter. The parties, however, are still attempting to obtain proper records from Plaintiff’s medical treaters. A subpoena to the hospital where Plaintiff was initially seen, was issued by the Plaintiff. However, the return date is not until March 4, 2019, three-days prior to Plaintiff’s deposition. Additionally, after discussions among Counsel, authorizations were subsequently provided to Defendant’s Counsel, so that additional medical and prison- related records could be obtained directly from the facilities. 6. The timing of obtaining the aforementioned records, necessitates an extension of the deadlines for discovery cut-off, written discovery, Defendant’s expert disclosures and rebuttal experts. Defendant is asking for an extension of forty-five days to these deadlines, so as to give time to obtain records, allow review of any such records, reschedule Plaintiff’s deposition, schedule the deposition(s) of treating physicians if necessary, and disclose those medical care providers as experts. 7. Defendant, therefore, is requesting an order which provides for the following new deadlines: - Defendant’s designation of experts: April 18, 2019 - Deadline for written discovery: April 18, 2019 - Rebuttal expert disclosures: May 2, 2019 - Discovery cut-off: May 20, 2019 - Dispositive motion deadline: June 17, 2019 8. The Defendant is not asking to move the Final Pretrial Conference. Case 1:17-cv-00884-CMA-STV Document 115 Filed 02/26/19 USDC Colorado Page 3 of 5 4 3769205.1 WHEREFORE, Defendant, Jason Shutters, respectfully requests this Honorable Court grant his Motion for Extension of Discovery Deadlines as set forth in this Motion, and for any other relief deemed just. Dated: February 26, 2019 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 Case 1:17-cv-00884-CMA-STV Document 115 Filed 02/26/19 USDC Colorado Page 4 of 5 5 3769205.1 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 26th day of February 2019, I served via email the foregoing DEFENDANT JASON SHUTTER’S UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINES to the following: Jason Shutters c/o City of Fort Collins City Attorney’s Office 300 Laporte Avenue Fort Collins, CO 80521 Ll. Rhyddid Watkins, Esq. Christopher J. Casolaro, Esq. Travis S. Jordan, Esq. FAEGRE BAKER DANIELS LLP 1700 Lincoln Street, Suite 3200 Denver, CO 80203 Heather Campbell Burgess, Esq. FAEGRE BAKER DANIELS LLP 311 South Wacker Drive, Suite 4400 Chicago, IL. 60606-6622 s/ Rochelle Gurule ___ Legal Assistant to Mark S. Ratner, Esq. Of Hall & Evans, LLC Case 1:17-cv-00884-CMA-STV Document 115 Filed 02/26/19 USDC Colorado Page 5 of 5