HomeMy WebLinkAbout2021CV30426 - City Of Fort Collins V. Aaron Million, Jordan Fox-Million; Million Agricultural Investments, Ltd., Arlo Richardson Aka Arlo Lee Richardson; The Pleasant Valley And Lake Canal Ditch Company - 009 - Mot Extension Response Complaint 1 of 4
District Court, Larimer County, Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521
(970) 494-3500
▲ COURT USE ONLY ▲
Plaintiff: CITY OF FORT COLLINS, a Colorado
home rule municipality,
v.
Defendants: AARON MILLION aka AARON P.
MILLION; JORDAN FOX-MILLION;
MILLION AGRICULTURAL
INVESTMENTS, LTD., a Colorado
limited partnership; ARLO
RICHARDSON aka ARLO LEE
RICHARDSON; THE PLEASANT
VALLEY AND LAKE CANAL DITCH
COMPANY; and ALL UNKNOWN
PERSONS WHO CLAIM AN
INTEREST IN THE SUBJECT
MATTER OF THIS ACTION.
Attorneys for Defendants Aaron Million aka Aaron P.
Million, Jordan Fox-Million, Million Agricultural
Investments, Ltd., a Colorado limited partnership, and
Arlo Richardson aka Arlo Lee Richardson
Crystal J. McDonough, #44621
Scott Slawson, #46001
McDonough Law LLC
1635 Foxtrail Drive
Loveland, CO 80538
Phone: 970-776-3311
Fax: 877-800-5583
crystal@mcdonoughlawllc.com
scott@mcdonoughlawllc.com
Case No.: 2021CV030426
Div.: 5B Ctrm.:
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO RESPOND TO COMPLAINT
Defendants Aaron Million aka Aaron P. Million, Jordan Fox-Million, Million Agricultural
Investments, Ltd., a Colorado limited partnership, and Arlo Richardson aka Arlo Lee Richardson ,
(“Defendants”), by and through their undersigned counsel, McDonough Law LLC, hereby move
for an extension of time up to and including August 16, 2021, to respond to the Complaint. As
grounds therefore, Defendants state as follows:
DATE FILED: July 16, 2021 1:21 PM
FILING ID: 5177CE3F12550
CASE NUMBER: 2021CV30426
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1. C.R.C.P. 121, §1-15(8) Certificate of Conferral. Undersigned counsel has conferred
with counsel for Plaintiff regarding this motion. The motion is unopposed.
2. Crystal J. McDonough of defense counsel’s office accepted service on behalf of
Defendants Aaron Million aka Aaron P. Million, Jordan Fox-Million, and Million
Agricultural Investments, Ltd. in Colorado on June 28, 2021. Currently Defendants
Aaron Million aka Aaron P. Million, Jordan Fox-Million, and Million Agricultural
Investments, Ltd.’s response to the Complaint is due on Monday, July 19, 2021.
3. Arlo Richardson aka Arlo Lee Richardson accepted service in Colorado on June 29,
2021. Currently Defendant Arlo Richardson aka Arlo Lee Richardson’s response to the
Complaint is due on Tuesday, July 20, 2021.
4. Defendants respectfully requests a brief extension of time, up to and including Monday,
August 16, 2021, to respond to the Complaint.
5. Pursuant to C.R.C.P. 6(b), when an act is required within a specified time, the Court
for good cause shown may order the period of time enlarged when the request is made.
6. Undersigned counsel was formally retained in this litigation by Defendants on July 13,
2021. Undersigned counsel is undertaking a review of the pleadings as well as
substantial documentation related to this matter and is conducting other research related
to the surveying issues inherent in this action.
7. Additionally, the parties (except for the ditch entity which is not represented by the
undersigned) are anticipating settlement discussions in the immediate future.
Defendants anticipate submitting a proposal shortly.
8. Further, Defendants need additional time to confer with undersigned counsel regarding
the substance of their response before it is filed.
9. Defendants therefore request an extension of time to respond to the Complaint up to
and including August 16, 2021.
10. Plaintiff will not be prejudiced by the requested extension of time, which Plaintiff does
not oppose.
11. The requested extension is brief and reasonable, and is the shortest extension of ti me
undersigned counsel believes is required given the circumstances cited above.
WHEREFORE, Defendants respectfully request that the Court enter an order extending the
time, up to and including August 16, 2021, for Defendants to respond to the Complaint.
Respectfully submitted this 15th day of July 2021.
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Respectfully submitted,
MCDONOUGH LAW LLC
Original signature on file at the offices of McDonough Law
LLC pursuant to C.R.C.P. 121 Sec. 1-26
/s/ Scott Slawson
Scott Slawson, #46001
1635 Foxtrail Drive
Loveland, CO 80538
P: (970) 776-3311
F: (877) 800-5583
scott@mcdonoughlawllc.com
Attorney for Defendants Aaron Million aka Aaron P.
Million, Jordan Fox-Million, Million Agricultural
Investments, Ltd., a Colorado limited partnership, and
Arlo Richardson aka Arlo Lee Richardson
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 15th day of July 2021, a true and correct copy
of the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
COMPLAINT was filed and served via the Colorado Courts E-filing System upon the following
parties of record:
Peter J. Dauster
Daniel M. St. John II
Johnson Muffly & Dauster, PC
323 South College Avenue, Suite 1
Fort Collins, CO 80524
pdauster@nocolawgroup.com
dstjohn@nocolawgroup.com
The Pleasant Valley and Lake Canal Ditch Company
160 W. Mountain Avenue
Fort Collins, CO 80524
Courtesy Copy To:
Ingrid E. Decker
Fort Collins City Attorney’s Office
300 W. LaPorte Avenue
Fort Collins, CO 80521
caoadmin@fcgov.com
s/ Lorelei A. Knott
Paralegal, McDonough Law LLC
lorelei@mcdonoughlawllc.com