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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 - 048 - City's Notice Of Voluntary Dismissal Of Northern DISTRICT COURT, LARIMER COUNTY, COLORADO 201 La Porte Avenue Suite 100 Fort Collins, CO 80521 (970) 498-6100 ▲ COURT USE ONLY ▲ Case Number: 2021CV30425 Div.: Ctrm: SAVE THE POUDRE, and NO PIPE DREAM CORPORATION, Plaintiffs, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, NORTHERN INTEGRATED 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 the City of Fort Collins: Marni Nathan Kloster, Reg. No. 34947 Nicholas C. Poppe, Reg. No. 47507 NATHAN DUMM & MAYER P.C. 7900 E. Union Avenue, Suite 600 Denver, CO 80237-2776 Phone Number: (303) 691-3737 MNathan@ndm-law.com;NPoppe@ndm-law.com -and- John R. Duval, Reg. No. 10185 Deputy City Attorney Fort Collins City Attorney’s Office 300 Laporte Avenue, P.O. Box 500 Fort Collins, Colorado 80522 970-221-6520 jduval@fcgov.com 2 DEFENDANT-CROSS-CLAIMANT CITY OF FORT COLLINS’ NOTICE OF VOLUNTARY DISMISSAL UNDER COLO. R. CIV. P. 41(a)(1)(A) OF ITS CROSS CLAIM AGAINST NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE The City of Fort Collins (“City”), by and through its undersigned counsel, hereby submits its Notice of Voluntary Dismiss under Colo. R. Civ. P. 41(a)(1)(A) of its cross claim against the Northern Colorado Water Conservancy District and the Northern Integrated Supply Project Water Activity Enterprise (jointly, “Northern”) as follows: 1. The City has filed in this action a cross claim against Northern which has yet to be answered by Northern. 2. Pursuant to the stipulation attached as Exhibit A (the “Stipulation”), the City and Northern have agreed to resolve the dispute forming the basis of the City’s cross claim. 3. Northern filed in this action on January 6, 2022, its motion asking the Court to enter the Stipulation as an order of the Court. 4. As provided in the Stipulation, upon the Court’s entry of the Stipulation as an order of the Court, the City voluntarily dismisses without prejudice its cross claim against these Defendants under Colo. R. Civ. P. 41(a)(1)(A), with each party to bear their own costs and attorney fees. Respectfully submitted, NATHAN DUMM & MAYER P.C. s/Nick Poppe Marni Nathan Kloster, #34947 Nicholas C. Poppe, #47507 Attorneys for the City of Fort Collins 3 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of January, 2022, a true and correct copy of the foregoing NOTICE was served via the State of Colorado's ICCES e-filing system upon each of the following: John M. Barth, Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 (fax and phone) barthlawoffice@gmail.com Attorney for Plaintiff Bennett W. Raley, #13429 Peggy E. Montano, #11075 William Davis Wert, #48722 Mirko L. Kruse, #52488 TROUT RALEY 1120 Lincoln Street, Suite 1600 Denver, CO 80203 Telephone: (303) 861-1963 Fax: (303) 832-4465 barley@troutlaw.com, pmontano@troutlaw.com dwert@troutlaw.com, mkruse@troutlaw.com Attorneys for Northern Integrated Supply Project Water Activity Enterprise s/Alexandra Sanchez Paralegal