HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 062 - PLAINTIFF'S SECOND STATUS REPORT AND REQUEST FOR 28-DAY EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL OF CASEIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-CV-01177-LTB-NYW
LAURA TYLER, as Personal Representative of the Estate of Dakota McGrath,
Plaintiff,
v.
FORT COLLINS POLICE SERVICES OFFICER NICK RODGERS, in his individual
capacity,
Defendant.
PLAINTIFF’S SECOND STATUS REPORT AND REQUEST FOR 28-DAY
EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL OF CASE
Plaintiff Laura Tyler, as Personal Representative of the Estate of Dakota McGrath,
hereby submits the following second status report, and requests an additional 28-day extension
of time, until October 23, 2018, to file a stipulation to dismiss the instant case, as follows:
1. The instant case has been settled, and Plaintiff has now negotiated a final lien
figure with Medicaid.
2. However, pursuant to the terms of the settlement agreement, Defendant intends to
pay that Medicaid lien directly, and to have Medicaid confirm, in writing, that the lien has been
satisfied. Defendant will not remit the balance of the settlement proceeds to the Plaintiff until
such written confirmation has been received from Medicaid.
3. The settlement of this matter cannot be consummated until these final steps have
been taken.
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4. Medicaid has recently undergone some staffing changes, and the parties anticipate
that obtaining the necessary documentation from Medicaid may take longer than usual.
5. Defendant does not object to an additional extension of 28 days to complete these
tasks.
Dated this 25 th day of September, 2018.
THE VIORST LAW OFFICES, P.C.
[Original signature on file at Viorst Law Offices, P.C.]
s/ Anthony Viorst
Anthony Viorst, #18508
Viorst Law Offices, PC
950 South Cherry Street, Suite 300
Denver, CO 80246
Telephone: (303) 759-3808
Facsimile: (303) 333-7127
E-mail: tony@hssspc.com
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on this 25 th day of September, 2018, I sent a true and correct copy of
the foregoing PLAINTIFF’S SECOND STATUS REPORT AND REQUEST FOR 28-DAY
EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL OF CASE with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to the
following e-mail address(es):
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
[Original signature on file at Viorst Law Offices, P.C.]
s/ Michelle Spadavecchia
Legal Assistant
Case 1:17-cv-01177-LTB-NYW Document 62 Filed 09/25/18 USDC Colorado Page 3 of 3