HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 137 - MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENTUS.124267229.01
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-CV-00884-CMA-STV
CHAYCE AARON ANDERSON,
Plaintiff,
vs.
JASON SHUTTERS,
Defendant.
MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Plaintiff Chayce Aaron Anderson (“Plaintiff”), by and through undersigned counsel,
requests leave to file a brief surreply in opposition to Defendant’s motion for summary
judgment. Pursuant to Local Rule 7.1, Mr. Anderson’s counsel conferred with Defendant’s
counsel, who opposes this motion. In support of his Motion, Plaintiff states as follows:
1. Defendant filed his motion for summary judgment (Dkt. 128) (“Motion for
Summary Judgment”) on July 5, 2019. Plaintiff filed his response in opposition to
Defendant’s Motion for Summary Judgment (Dkt. 133) (“Response”) on July 26, 2019.
2. On August 7, 2019, Defendant filed his reply in support of the Motion for
Summary Judgment (Dkt. 136) (“Reply”). Defendant’s Reply misstates the record
regarding Plaintiff’s diagnoses and the conduct of Plaintiff’s arrest.
3. Plaintiff should be entitled to correct the record and respond to the arguments
raised for the first time in the Reply. See, e.g., Pippin v. Burlington Res. Oil & Gas Co.,
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440 F.3d 1186, 1191-92 (10th Cir. 2006). As such, Plaintiff requests that the Court grant
leave to file the Surreply attached as Exhibit A.
4. The proposed Surreply is limited to correcting the record and addressing
any new arguments and factual contentions raised in Defendant’s Reply, which will help
the court “more fully and fairly evaluate” the pending Motion for Summary Judgment.
WHEREFORE, Plaintiff respectfully requests that the Court grant its motion for
leave to file a surreply and accept the Surreply attached as Exhibit A for filing.
Dated this 19
th
day of August, 2019.
s/Christopher J. Casolaro_____________
Christopher J. Casolaro
Travis Jordan
Heather Campbell Burgess
Alexandra Lakshmanan
FAEGRE BAKER DANIELS LLP
1144 Fifteenth Street, Suite 3400
Denver, CO 80202
Telephone: (303) 607-3500
Facsimile: (303) 607-3600
christopher.casolaro@faegrebd.com
travis.jordan@faegrebd.com
heather.burgess@faegrebd.com
allie.lakshmanan@faegrebd.com
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
The undersigned certifies that on August 19, 2019, a true and correct copy of the
foregoing MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT was served on the following
counsel of record via the Court’s CM/ECF e-file system:
Mark S. Ratner, Esq.
HALL & EVANS, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Ratnerm@hallevans.com
s/Carol Wildt________________
Legal Administrative Assistant
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