HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 064 - PLAINTIFF'S UNOPPOSED MOTION TO SUBSTITUTE CITY OF FORT COLLINS AS SOLE PARTY DEFENDANTIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-01177-LTB-NYW
LAURA TYLER, Personal Representative of the Estate of Dakota Tyler McGrath,
Plaintiff,
v.
NICK RODGERS, Fort Collins Police Services Officer, in his individual capacity,
Defendant.
PLAINTIFF’S UNOPPOSED MOTION TO SUBSTITUTE
THE CITY OF FORT COLLINS AS SOLE PARTY DEFENDANT FOR
FORT COLLINS POLICE SERVICES OFFICER NICK ROGERS
Plaintiff Laura Tyler, as Personal Representative of the Estate of Dakota McGrath (“Ms.
Tyler”), by her undersigned attorneys, hereby submits this Unopposed Motion to Substitute the
City of Fort Collins as Sole Party Defendant for Fort Collins Police Services Officer Nick Rogers,
1
stating in support as follows:
1. STATEMENT REGARDING CONFERRAL: Undersigned counsel certifies he
conferred with counsel for Defendant Fort Collins Police Services Officer Nick Rogers, who does
not oppose this Motion.
2. The Parties resolved their differences.
3. Each party will pay its own attorney fees and costs arising in relation to the parties
to be determined here.
1
Incorrectly identified in the Complaint as “Nick Rodgers.”
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4. Ms. Tyler requests that the Court strike from all captions in this matter Defendant
Fort Collins Police Services Officer Nick Rogers.
5. Ms. Tyler further requests that, pursuant to Fed.R.Civ.P. 25, the Court substitute
the City of Fort Collins as the sole remaining party Defendant in this matter.
6. The Parties jointly intend this matter to be fully and finally dismissed upon the
filing of the Joint Stipulated Motion to Dismiss with Prejudice, which is being filed
contemporaneously with this Unopposed Motion.
Respectfully submitted this 19
th
day of October, 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 (CM/ECF)
I hereby certify that, on this 18
th
day of October, 2018, I sent a true and correct copy of the
foregoing PLAINTIFF’S UNOPPOSED MOTION TO SUBSTITUTE THE CITY OF FORT
COLLINS AS SOLE PARTY DEFENDANT FOR FORT COLLINS POLICE SERVICES
OFFICER NICK ROGERS through transmission to the following via e-mail:
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
Attorneys for Defendant
[Original signature on file at Viorst Law Offices, P.C.]
s/ Michelle Spadavecchia
Legal Assistant
Case 1:17-cv-01177-LTB-NYW Document 64 Filed 10/19/18 USDC Colorado Page 3 of 3