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Home My WebLink About2021-cv-2306-RM-KLM - Perry V. State Of Colorado, Et Al - 045.1 - Pl's Response To City's Motion To StrikeV. and, and, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO FILED Civil Action No. 1 :21-cv-02306-RM-KLM Robert-Lawrence: Perry, Plaintiff UNITED ~TATES DISTRICT COURT DENVER.COLORADO Each 'STATE OF COLORADO' Individual employee, executive officer, and/or administrative official acting personally, individually, and/or in combination namely, Alita King, Thomas Lynch, and Daniel McDonald, and each 'doe' administrator, agent, and/or executive, and Steven Vasconcellos, and 'doe' judicial administrators; The 'CITY OF FORT COLLINS', et. al., including each Individual administrative official, agent, employee and or executive officer, acting personally, individually, and or together, including each individual member of the city council and Mayor, the City Attorney, the City Manager, Darin Atteberry, Ross Cunniff, Gerry Horak, Ray Martinez, Kristin Stephens, Ken Summers, Wade Troxell, including 'doe' agents, administrators, executives, officers and / or each 'doe' appointee administrator, agent, police officer, official, and 'City' employees, namely, Brandi Lynn Neito, Dan Callahan, Jill Hueser, and Ryan Westlind; CSU BOARD OF GOVERNORS, for 'CSU', and each individual member of the 'CSU Board of Governors', for 'COLORADO STATE UNIVERSITY' and each 'doe' and or named administrators, agents, employees or officials acting personally, individually, and or together, namely, Scott Harris, Jeff Goetz, Jesse Ihnen, Michael Lohman, Phil Morris, Derek Smith, Lynn Johnson, Mark Gill, and Nie Olsen, and each heir appointee and/or official; each Individual Jointly and Severally Liable as Co-Defendants. RESPONSE TO CITY'S MOTION TO STRIKE RESPONSE TO CITY'S MOTION TO STRIKE MAR 24 2022 JEFf-Kc r ~-l;VLVVELL CLERK 1 Case 1:21-cv-02306-RM-KLM Document 45 Filed 03/24/22 USDC Colorado Page 1 of 5 OBJECTION TO PROFESSIONAL MISCONDUCT First, it should be noted that counsel for City Defendants, Mark S. Ratner, who has not provided his foreign agents registration number, erroneously or intentionally misrepresented this Petitioner's first Motion to Amend Petition for Relief as the second motion to amend. It should be noted that Petitioner's Amended Petition for Relief was filed before he was required to motion to amend as provided by F.R.C.P. 15. Thus, this is only Petitioner's first motion to amend, and constitutes Petitioner's 'Second Amended Petition for Relief instead of the "third amended complaint", as was falsely represented to the Court. Further, since Mr. Ratner impermissibly incorporated the City's Motion to Dismiss into his objection to Petitioner's Motion to Amend, Petitioner is obliged to also incorporate by reference his Response to the City's Motion to Dismiss. It would seem apparent that, Mr. Ratner is attempting to abuse the rules of pleading, and invited this Court to engage in prejudice by presuming that the Court should or will grant the City's Motion to Dismiss, and/or invite this Court to engage in prejudice to presume, without support, that Petitioner's Proposed Amendments to the Petition for Relief still lack the necessary allegations to support the claims for relief, and the City does not even need to file another motion to dismiss, because the additional allegations still fail to state a claim upon which relief may be granted, and that the Court should presume that such amendment is futile and dilatory without counsel for City Defendants needing to prove such claim. Thus, Petitioner objects to Mr. Ratner's pleading tactics as prejudicial, and hereby respectfully requests that this Court impose sanctions for contempt. 2 RESPONSE TO CITY'S MOTION TO STRIKE Case 1:21-cv-02306-RM-KLM Document 45 Filed 03/24/22 USDC Colorado Page 2 of 5 INTRODUCTION Petitioner simply seeks declaratory judgment and injunctive relief for injuries that named and other doe individual defendants continue to cause by: a) Defendant Colorado Board of Governors knowingly allowing CSU to permanently ban Petitioner from CSU, a public university by allowing Defendant CSU campus police officers to issue 'exclusionary order forms' enforced with criminal trespass citations, for individual City Defendants, from the then-Mayor, who is a CSU professor who adopted amendments to the city trespass ordinance to include enforcement on public property and amendment of the city charter to allow for hiring private attorneys to act as judge and prosecutor, who excluded the legal definition of trespass from the jury during trial, and whose private attorney as magistrate then issued an unconstitutional order banning Petitioner from CSU campus for one year from December 3, 2020, and by: b) Named and other doe individual State of Colorado Defendants, including persons such as the prosecutor and judge who excluded the legal definition of trespass from the jury during trial, which definition specifically grants license and privilege to enter upon public property, they even tampered with the jury to seat a clerk from the prosecutors office on the jury to insure a 'guilty' verdict. Not to be outdone, some doe individuals in the office of judicial administration denied Petitioner's constitutional right to due process by using a PDF copy of the judge's signature to issue an order and judgment denying Petitioner's appeal and who issued a finding that "the public is not requested, expected or intended to enter or remain on CSU campus for any conceivable purpose". 3 RESPONSE TO CITY'S MOTION TO STRIKE Case 1:21-cv-02306-RM-KLM Document 45 Filed 03/24/22 USDC Colorado Page 3 of 5 SUMMARY ARGUMENT Legal counsel has either erroneously or intentionally misapprehended F.R.C.P. 15, which provides only that a court "may strike from a pleading an insufficient defense or any redundant. immaterial, impertinent, or scandalous matter." However, counsel for Individual City Defendants has-not identified any redundant, immaterial, impertinent, or scandalous matter. Most astoundingly, counsel impermissibly requests that this Court strike the Motion to Amend Petition for Relief. F.R.C.P. 15 does not provide such relief that would strike entire pleadings. The proper pleading to the assertion that Plaintiffs Proposed Amendment to the Petition for Relief still lacks factual allegations to support the claims for relief would be another motion to dismiss, not a motion to strike. Also, none of the other Defendants have joined in the City's Motion to Strike the Motion to Amend, nor have they made a separate motion to strike the Motion to Amend; these other Defendants would benefit from an order striking the Motion to Amend, and Petitioner would be prejudiced by being denied the opportunity to amend the complaint when all Defendants have asserted that the first Amended Petition for Relief lacks the factual allegations to support the claims for relief. Wherefore, Petitioner respectfully requests this Court deny the Motion to Strike the Motion to Amend, and for such further and other relief as provided by law. Dated: This 23rd day of March 2022. Signed by: Isl 'Robert-Lawrence: 'Perry, .'Jvlan 4 RESPONSE TO CITY'S MOTION TO STRIKE Case 1:21-cv-02306-RM-KLM Document 45 Filed 03/24/22 USDC Colorado Page 4 of 5 CERTIFICATE OF SERVICE I; Robert-Lawrence: Perry,· Plaintiff, hereby certify that I sent a complete, correct and true copy of the foregoing Response to City Defendant's Motion to Strike Motion to Amend Petition for Relief addressed to each Attorney of Record for all Defendants by first-class U.S. Mail, postage pre-paid, and/or by emailing documents, such as agreed by informed and prior consent to the following: Attorneys for Defendants, The City of Fort Collins, et al. Darin Atteberry, City Manager 300 La Porte Ave., (City Hall) Fort Collins, CO 80522 Phone: (970) 221-6520 hoffmank@hallevans.com ratnerm@hallevans.com The State of Colorado, et. al. for: Steven Vasconcellos 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone: (720) 508-6000 Carman.VanPelt@coag.gov Dated this: March 23, 2022 Signed pursuant to C.R.S. 4-3-402 by, Robert-Lawrence: Perry, Trustee for: 4786 McMurry Ave., Unit 242 Fort Collins, Colorado 80525 fort_scout@yahoo.com Phone: (970) 980-1849 Colorado State University, et, al. Attn.: Jannine Mohr, Attorney 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone: (720) 508-6000 Skip.Spear@coag.gov Allison.Ailer@coag.gov CSU Board of Governors, for: Colorado State University, et al. 555 seventeenth St., Suite 1000 Denver, Colorado 80201 Phone: (970) 491-6425 Denise.Munger@coag.gov Isl 1{obert-Lawrence: 'Perry, Man ROBERT LAWRENCE PERRY, Person NOTE: CHANGE OF ADDRESS RESPONSE TO CITY'S MOTION TO STRIKE 5 Case 1:21-cv-02306-RM-KLM Document 45 Filed 03/24/22 USDC Colorado Page 5 of 5