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HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 014 - Stipulated Motion To Amend Scheduling Order Larimer County District Court 201 La Porte Ave, Suite 100 Fort Collins, CO 80521 SAVE THE POUDRE, and NO PIPE DREAM CORPORATION Plaintiffs v. THE CITY OF FORT COLLINS, a Colorado home rule city and municipal corporation, PAUL SIZEMORE, in his official capacity as Interim Director of Community Development & Neighborhood Services Department of the City of Fort Collins, NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE. Defendants. COURT USE ONLY John M. Barth, Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 (fax and phone) barthlawoffice@gmail.com Counsel for Save the Poudre and No Pipe Dream Corp. Case Number 2021CV030425 Division 5B ________________________________________________________________________ STIPULATED MOTION TO AMEND SCHEDULING ORDER ________________________________________________________________________ The Parties file this Stipulated Motion to Amend the Scheduling Order entered orally by the Court during the June 24, 2021 Scheduling Conference. In support, the Parties state as follows: 1. The Court held a Scheduling Conference on June 24, 2021. On that date the Court orally entered the following schedule for this case: DATE FILED: July 15, 2021 9:45 AM FILING ID: D4248A56C7CF3 CASE NUMBER: 2021CV30425 2 • Plaintiffs’ deadline to amend the complaint- July 30, 2021. • Defendants’ deadline to file responsive pleadings to amended complaint- August 20, 2021. 2. On June 30, 2021 the Fort Collins Planning and Zoning Commission voted to disapprove the SPAR land use application for NISP water facilities. After the June 30, 2021 SPAR hearing, Northern announced that its’ governing Board will hold a hearing on August 12, 2021 to determine whether to overturn the City’s denial of the SPAR land use application as provided by C.R.S.§31-23-209. 3. Because the August 12, 2021 hearing is after the current deadline for amending Plaintiffs’ complaint, the Parties seek the following amendments to the case schedule adopted by the Court : • Plaintiffs’ deadline to amend complaint- August 31, 2021 • Defendants’ deadline to file responsive pleadings to amended complaint- September 21, 2021. A proposed order is filed with this Motion. Respectfully submitted this 15th day of July 2021. /s/ John M. Barth John M. Barth Attorney at Law P.O. Box 409 Hygiene, CO 80533 barthlawoffice@gmail.com 303-774-8868 telephone and fax Counsel for Plaintiffs s/ Peggy Montaño Trout and Raley 1120 Lincoln St., Suite 1600 Denver, CO 80203-2141 (303) 861-1963 3 pmontano@troutlaw.com Counsel for Northern s/John Duval Deputy City Attorney, City of Fort Collins 300 Laporte Ave. P.O. Box 500 Fort Collins, CO 80522 970-221-6327 jduval@fcgov.com s/ Nick Poppe Nathan Dumm & Mayer 7900 E. Union Ave., Suite 600 Denver, CO 80237-2776 (303) 691-3737 NPoppe@ndm-law.com Counsel for City and Sizemore CERTIFICATE OF DELIVERY I hereby certify that on this 15th day of July 2021, a true and correct copy of the foregoing Stipulated Motion to Amend Scheduling Order was filed via Colorado Courts E-filing System and was served by email to Defendants’ legal counsel. DEFENDANTS CITY OF FORT COLLINS AND PAUL SIZEMORE jduval@fcgov.com John Duval Deputy City Attorney, City of Fort Collins Marni Nathan Kloster Nick Poppe Nathan Dumm & Mayer P.C. MNathan@ndm-law.com NPoppe@ndm-law.com DEFENDANT NORTHERN WATER- TROUT and RALEY braley@troutlaw.com Bennett Raley pmontano@troutlaw.com Peggy Montaño dwert@troutlaw.com 4 Davis Wert mkruse@troutlaw.com Mirko Kruse /s/ John M. Barth John M. Barth