HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 149 - PLAINTIFF'S UNOPPOSED MOTION TO POSTPONE PRETRIAL ORDER DEALINE AND PRETRIAL CONFERENCE DATE1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-CMA-STV
CHAYCE AARON ANDERSON,
Plaintiff,
v.
JASON SHUTTERS,
Defendant.
PLAINTIFF’S UNOPPOSED MOTION TO POSTPONE PRETRIAL ORDER
DEADLINE AND PRETRIAL CONFERENCE DATE
Plaintiff Chayce Anderson, through undersigned counsel, respectfully requests
that this Court postpone the pretrial order deadline and final pretrial conference until a
decision on Magistrate Judge Scott Varholak’s Report and Recommendation is made.
Pursuant to D.C.COLO.LCivR 7.1(a), undersigned counsel conferred with Defendant’s
counsel, who does not oppose this Motion. Pursuant to D.C.COLO.L.CivR 6.1(c), a copy
of this motion has been served on moving counsel’s client. In support, Plaintiff states as
follows:
1. The final pretrial conference is currently set for November 21, 2019. The
Court has set a November 14, 2019 deadline for the Parties to submit a joint proposed
pretrial order.
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2. However, on November 5, 2019, Magistrate Judge Scott Varholak issued
Report and Recommendation recommending that Defendant’s Motion for Summary
Judgment be granted and Plaintiff’s lawsuit be dismissed (ECF No. 132).
3. Plaintiff’s deadline to file an objection to that order is November 19, 2019,
in accordance with 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b)(2). Defendant will
then have until December 3, 2019 to respond to that objection, i.e., fourteen days.
4. Based on the current deadlines, resolution of Magistrate Judge Varholak’s
Report and Recommendation will not be ripe until after the pretrial conference occurs,
which may be mooted in any event.
5. Therefore, there is good cause to postpone the current pretrial order
deadline and pretrial conference date pending resolution of the Report and
Recommendation.
6. This is Plaintiff’s second motion to extend deadlines since Plaintiff was
appointed counsel (see ECF No. 125). The Parties filed one joint motion for an extension
of time in December 2018 (ECF No. 109). Defendant has filed two unopposed motions
for extensions of time (ECF Nos. 115, 119), both of which were granted (ECF Nos. 117,
121).
WHEREFORE, Plaintiff respectfully requests that this Court grant his Unopposed
Motion to Postpone the Pretrial Order Deadline and Pretrial Conference Date.
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Dated this 7th day of November, 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.caolaro@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 November 7, 2019, a true and correct copy of
the foregoing PLAINTIFF’S UNOPPOSED MOTION TO POSTPONE PRETRIAL
ORDER DEADLINE AND PRETRIAL CONFERENCE DATE was filed with the court and
served on all counsel of record via the Court’s CM/ECF e-file system AND was served
upon the Plaintiff via First Class Mail.
s/ Carol Wildt
Legal Administrative Assistant
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