HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 070 - Order Dismissing Case For Failure To ProsecuteDISTRICT COURT, LARIMER COUNTY,
COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 498-6100
Plaintiffs: STUWARD CROSS AND KATRINA
RICHMAN
v.
Defendant: THE CITY OF FORT COLLINS,
State of Colorado
COURT USE ONLY
Case No.: 2020 CV 30363
Division: 3C
ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR FAILURE
TO PROSECUTE ACTION
THIS MATTER is before the Court on Defendant’s motion to dismiss for
failure to prosecute action as to Plaintiff Katrina Richman (“Plaintiff Richman”). The
Court, after having reviewed the same and being fully advised in the premises, hereby
GRANTS said motion and ORDERS as follows:
Plaintiffs’ complaint was filed on May 29, 2020. The First Amended Complaint
and Jury Demand was filed on July 30, 2020. The Case was at issue as of September 10,
2020, which was approximately 17 months ago. Counsel for Plaintiff Richman filed a
motion to withdraw on October 11, 2021. The Certificate of Service on that motion
shows that Plaintiffs’ counsel served a copy via mail to Ms. Richman at her last known
DATE FILED: February 8, 2022 2:23 PM
CASE NUMBER: 2020CV30363
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address. No response was filed by Plaintiff Richman and the motion to withdraw was
granted on October 26, 2021 after the 14-day response period had expired. The Court
held a Status Conference on November 1, 2021, but Plaintiff Richman did not appear.
On November 2, 2021 the Court Ordered, in response to Plaintiff Richman’s non-
appearance, that a status conference would be held on December 17, 2021, at which
attendance would be mandatory for all parties to learn from Plaintiff Richman her
intention to proceed pro se. Ms. Richman received a copy of that motion at her last
known address. Plaintiff Richman filed a motion to continue the case on November
29, 2021. The Court issued an order on December 2, 2021, in response to her Motion
to Continue Case, ordering Ms. Richman to appear at the December 17, 2021 status
conference to update the Court and consider her motion. Plaintiff Richman appeared
via telephone at the status conference on December 17, 2021, expressed her willingness
to obtain new counsel, but acknowledged that she had not begun a search for new
counsel even though she acknowledged was provided notice of her own counsel’s
motion in October of 2021. Plaintiff Richman participated in setting the matter for a
follow-up status conference. Plaintiff Richman was advised that the Court would be
monitoring her meaningful efforts to obtain counsel and, failing such efforts, would
continue with the February 28, 2022 jury trial and deadlines as scheduled. The Court
declined to grant the Motion to Continue at that time, but set another status conference
for January 7, 2022 to allow Plaintiff Richman the opportunity to update the Court on
her meaningful efforts to obtain counsel or otherwise proceed with her case, which
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Plaintiff Richman confirmed she would attend. Plaintiff Richman provided her up-to-
date contact information on the record.
The Court urged counsel for the parties to meaningfully reach out to and confer
with Plaintiff Richman. Plaintiff Richman did not appear at the January 7, 2022 status
conference of which she had notice. Defendant filed a Motion to Dismiss for Failure
to Prosecute Action pursuant to C.R.C.P. 41(b)(1) on January 14, 2022. No response
was filed. A Status Update was filed by Defendant, City of Fort Collins, indicating that
efforts to communicate with Plaintiff Richman have been unsuccessful.
The Court considers the equity of the request made by Defendant. See Craig v.
Rider, 651 P.2d 397 (Colo. 1982). This matter has been pending since the original
complaint was filed on May 29, 2020 regarding an accident that occurred on June 7,
2017, which is now nearly five years ago. Not only has the driver of the v ehicle in
question died, but Defendants continue to be held in limbo to prepare for trial without
communication or participation by Plaintiff Richman. In weighing the equities, the
Court finds that, although proceeding pro se can be difficult, non-participation and
failure to provide requested updates when those opportunities are presented , makes
this Court inclined to grant Defendant’s motion.. Plaintiff Richman has had many
opportunities to update the Court regarding this case and her intent to prosecute this
action. Instead, she failed to appear at two of the three status conferences scheduled
and did not respond to any of the pleadings in this matter. The Court finds that Plaintiff
Richman has failed to diligently prosecute her case and that equity dic tates that
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Defendant be relieved of being held in limbo awaiting Plaintiff to meaningfully
communicate or prosecute her case.
This action is hereby dismissed, without prejudice, as to Plaintiff Katrina
Richman, for failure to prosecute. Plaintiff may petition to reopen her case in the future
if she retains counsel or wishes to proceed pro se with her claim. The four-day jury trial
in this matter, set for February 28, 2022, is hereby vacated.
SO ORDERED this 8th day of February, 2022.
BY THE COURT
District Court Judge