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HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 153 - UNOPPOSED MOTION FOR CLAIRFICATION OF AMENDED RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGEUS.125597431.01 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. UNOPPOSED MOTION FOR CLARIFICATION OF AMENDED RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (DKT. 152) Plaintiff Chayce Aaron Anderson (“Plaintiff”), by and through undersigned counsel, respectfully requests clarification of the Amended Recommendation of United States Magistrate Judge (Dkt. 152). Pursuant to Local Rule 7.1, undersigned counsel conferred with Defendant’s counsel, and Defendant’s counsel does not oppose this Motion. In support of his Motion, Plaintiff states as follows: 1. On November 5, 2019, the Recommendation of United States Magistrate Judge (“Recommendation”) was issued. (Dkt. 148.) 2. On November 19, 2019, the Amended Recommendation of United States Magistrate Judge (“Amended Recommendation”) was issued (Dkt. 152), noting that “[t]he original Recommendation was amended solely to add the notice in footnote 7.” (Dkt. 152 at 1 n.1.) Case 1:17-cv-00884-CMA-STV Document 153 Filed 11/19/19 USDC Colorado Page 1 of 4 2 US.125597431.01 3. The notice provided in footnote 7 of the Amended Recommendation states that “[w]ithin fourteen days after service of a copy of this Recommendation, any party may serve and file written objections to the magistrate judge’s proposed findings of fact, legal conclusions, and recommendations with the Clerk of the United States District Court for the District of Colorado.” (Dkt. 152 at 18 n.7.) 4. Undersigned counsel understands footnote 7 of the Amended Recommendation to mean that the deadline to file a written objection is December 3, 2019, 14 days from the Amended Recommendation. However, out of an abundance of caution, Plaintiff requests clarification as to whether the fourteen-day timeframe to file written objections should be calculated from the date of the Amended Recommendation or from the date of the original Recommendation.1 5. Accordingly, undersigned counsel seeks formal clarification as to whether the deadline to file written objections is December 3, 2019. WHEREFORE, Plaintiff respectfully requests that the Court clarify the date on which written objections to the Recommendation of United States Magistrate Judge (Dkt. 148) and the Amended Recommendation of United States Magistrate Judge (Dkt. 152) must be filed, and, if the Court finds that today is the deadline, in the alternative, Plaintiff respectfully requests an extension of fourteen days from the date of the Court’s clarifying order to file written objections to the Recommendation of the United States Magistrate Judge and the Amended Recommendation of United States Magistrate Judge. 1 Undersigned counsel also contacted the Magistrate Judge’s chambers in connection with this request. Case 1:17-cv-00884-CMA-STV Document 153 Filed 11/19/19 USDC Colorado Page 2 of 4 3 US.125597431.01 Dated this 19th day of November, 2019. s/Alexandra L. Lakshmanan____________ Alexandra L. Lakshmanan Christopher J. Casolaro Travis Jordan Heather Campbell Burgess 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 Case 1:17-cv-00884-CMA-STV Document 153 Filed 11/19/19 USDC Colorado Page 3 of 4 4 US.125597431.01 CERTIFICATE OF SERVICE The undersigned certifies that on November 19, 2019, a true and correct copy of the foregoing MOTION FOR CLARIFICATION OF AMENDED RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (DKT. 152) 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/Candee Smith Legal Administrative Assistant Case 1:17-cv-00884-CMA-STV Document 153 Filed 11/19/19 USDC Colorado Page 4 of 4