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