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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 - 044 - Stipulated Motion For Enlargement Of TimeLarimer County District Court 201 La Porte Ave, Suite 100 Fort Collins, CO 80521 COURT USE ONLY SAVE THE POUDRE, and NO PIPE DREAM CORPORATION, Plaintiffs, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, and NORTHERN INTERGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, Defendants, and THE CITY OF FORT COLLINS, a Colorado home rule city and municipal corporation, Defendant–Cross-Claimant. Attorneys for Northern Colorado Water Conservancy District and Northern Integrated Supply Project Water Activity Enterprise: Bennett W. Raley, #13429 Peggy E. Montaño, #11075 William Davis Wert, #48722 Mirko L. Kruse, #52488 TROUT RALEY 1120 Lincoln Street, Suite 1600 Denver, CO 80203 Telephone: (303) 861-1963 FAX Number: (303) 832-4465 email: braley@troutlaw.com, pmontano@troutlaw.com, dwert@troutlaw.com, mkruse@troutlaw.com Attorneys for the City of Fort Collins Case No. 21CV30425 DATE FILED: December 10, 2021 10:04 AM FILING ID: B5A6A606E6E02 CASE NUMBER: 2021CV30425 1 Marni Nathan Kloster, # 34947 Nicholas C. Poppe, #47507 NATHAN DUMM & MAYER P.C. 7900 E. Union Avenue, Suite 600 Denver, CO 80237 Telephone: (303) 69103737 Email: npoppe@ndm-law.com, mnathan@ndm-law.com John R. Duval, #10185 Fort Collins City Attorney’s Office P.O. Box 580 Fort Collins, CO 80522 Telephone: (970) 221-6520 Email: jduval@fcgov.com STIPULATED MOTION FOR ENLARGMENT OF TIME Defendants, the Northern Colorado Water Conservancy District (“Northern Water”), the Northern Integrated Supply Project Water Activity Enterprise’s (“NISP Enterprise”), and Defendant–Cross Claimant, the City of Fort Collins (“Fort Collins”), have reached a stipulated agreement requesting that the Court extend the deadline for Northern Water and the NISP Enterprise to file an answer or other response to Plaintiffs’ amended complaint and the City of Fort Collins’ Cross-Claim. The current deadline is December 10, 2021. Northern Water, the NISP Enterprise, and Fort Collins respectfully request until January 7, 2021 for Northern Water and the NISP Enterprise to respond. Pursuant to C.R.C.P. 121 § 1-15(8), counsel for Northern Water, the NISP Enterprise, and Fort Collins certify that they conferred with the other parties regarding the relief requested in this Motion. Plaintiffs do not oppose the request for an extension in this Motion. Currently, Northern Water, the NISP Enterprise, and Fort Collins are negotiating a stipulation that would resolve Fort Collins’ Cross-Claim and allow Fort Collins to dismiss its Cross Claim pursuant to C.R.C.P. 41(a)(1)(A), before Northern Water’s and the NISP Enterprise’s 2 responsive pleading to the Cross Claim is due. Northern Water, The NISP Enterprise, and Fort Collins also agree that such a stipulation would likely moot any remaining claim presented by Plaintiffs in this action, eliminating any need for Northern Water and the NISP Enterprise to respond to Plaintiffs’ amended complaint, thereby resolving this lawsuit. Northern Water, the NISP Enterprise, and Fort Collins believe such a stipulation could be reached before January 7, 2021 and that such a stipulation would spare the parties from further litigation in this action. Therefore, Northern Water, the NISP Enterprise, and Fort Collins respectfully request until January 7, 2021 for Northern Water and the NISP Enterprise to respond to Plaintiffs’ amended complaint and the City of Fort Collins’ Cross-Claim. 3 Respectfully submitted: December 10, 2021. TROUT RALEY __/s/ Mirko L. Kruse_________________ By: Peggy E. Montaño, #11075 Bennett W. Raley, #13429 William Davis Wert, #48722 Mirko L. Kruse, #52488 Attorneys for Defendants, Northern Colorado Water Conservancy District and Northern Integrated Supply Project Water Activity Enterprise FORT COLLINS CITY ATTORNEY’S OFFICE ___/s/ John R. Duval__________________ By: John R. Duval, #10185 Marni Nathan Kloster, # 34947 Nicholas C. Poppe, #47507 Attorneys for Defendant, City of Fort Collins 1 CERTIFICATE OF SERVICE I certify that on December 10, 2021, a true and correct copy of the foregoing Stipulated Motion for Enlargement of Time was served via the Colorado Courts E-Filing System, on the following: Name Attorney Organization City of Fort Collins Marni L Nathan Kloster Nathan Dumm and Mayer PC City of Fort Collins Nicholas Poppe Nathan Dumm and Mayer PC City of Fort Collins John R Duval City Attorneys Office No Pipe Dream Corporation John Mclain Barth John M Barth Attorney at Law Save the Poudre John Mclain Barth John M Barth Attorney at Law S/ Britta Petersen E-filed pursuant to C.R.C.P. 121 §1-26 via the Colorado Courts E-Filing System. A printed or printable copy of this document bearing the original, electronic, or scanned signatures is on file at the office of Trout Raley