HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 170 - PLAINTIFF'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEALUNITED 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.
PLAINTIFF’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
NOTICE OF APPEAL
Pursuant to Federal Rule of Appellate Procedure 4(a)(5), Plaintiff Chayce Aaron Anderson
(“Plaintiff”), by and through undersigned counsel, hereby moves to extend the current deadline to
file a notice of appeal from the Court’s Final Judgment entered on February 25, 2020, which was
extended by the Court’s Order on March 30, 2020. This unopposed extension is sought in light of
the continuing COVID-19 emergency and its effects, including the impossibility of effectively
communicating with the Parties regarding potential resolution short of filing an appeal.
CERTIFICATION OF CONFERRAL
Pursuant to Local Rule 3.01(g), Plaintiff certifies that undersigned counsel has conferred
with Defendant’s counsel regarding the substance of this Motion, and Defendant does not oppose
the relief sought herein.
GROUNDS FOR MOTION
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The COVID-19 emergency continues to seriously impact the ability of the Parties to reach
an agreement short of filing an appeal in this case. Defendant, as a member of law enforcement,
faces additional demands to assist with responding to this emergency, seriously impacting his
ability to communicate regarding this case. Additionally, communication with Plaintiff to confirm
any agreement is limited. In light of this emergency and inability to reach an agreement prior to
the deadline to file a notice of appeal, Plaintiff respectfully requests a second 30-day extension to
file a notice of appeal.
A. Legal Standard
A notice of appeal generally must be filed with the district court clerk within 30 days after
the judgment appealed from is entered. Fed. R. App. P. 4(a). The district court may extend this
deadline upon a showing of “excusable neglect or good cause,” “if a party moves for an extension
of time no later than thirty days after the appeal time has expired.” Bishop v. Corsentino, 371 F.3d
1203, 1206 (10th Cir. 2004). “Good cause comes into play ‘in situations in which there is no
fault—excusable or otherwise. . . . [T]he need for an extension is usually occasioned by something
that is not within the control of the movant.’” Id. (citation omitted).
B. Good cause exists to extend the time to file for an appeal.
The ongoing public health crisis caused by COVID-19 has made communication with the
Parties significantly more difficult, not least of which because Defendant is in law enforcement
and faces unique challenges and ever-changing demands in responding to this emergency.
Although the Parties have diligently been attempting to reach an agreement to avoid an appeal in
this case, Defendant’s increased unavailability combined with the already limited availability of
Plaintiff has made reaching an agreement prior to the extended deadline to file a notice of appeal
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impossible. Since the first extension granted on March 30, 2020, the Parties have exchanged edits
to a draft agreement, but the ability to quickly communicate these edits with Plaintiff is seriously
impeded. Therefore, Plaintiff respectfully requests that the deadline to file a notice of appeal be
extended an additional 30-days, to May 27, 2020.
CONCLUSION
For each of these reasons, Plaintiff respectfully requests a thirty (30) day extension of the
previously extended time to file a notice of appeal.
Respectfully submitted this 27
th
day of April, 2020.
/s/ Alexandra Lakshmanan
Alexandra L. Lakshmanan
Christopher J. Casolaro
Travis Jordan
Heather Campbell Burgess
Faegre Drinker Biddle & Reath LLP
1144 Fifteenth Street, Suite 3400
Denver, CO 80202
Telephone: (303) 607-3500
Facsimile: (303) 607-3600
allie.lakshmanan@faegredrinker.com
christopher.casolaro@faegredrinker.com
travis.jordan@faegredrinker.com
heather.burgess@faegredrinker.com
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on this 27
th
day of April, 2020, I electronically filed a copy of the
foregoing PLAINTIFF’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE NOTICE OF APPEAL with the Clerk of the Court using the CM/ECF system, which
will send notification of the filing to all counsel of record:
s/Michelle R. Soule
Michelle R. Soule, Paralegal
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