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 - 016 - 2Nd Mot Extension Respond 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 SECOND 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 September 13, 2021, to respond to the Complaint. As
grounds therefore, Defendants state as follows:
DATE FILED: August 13, 2021 2:57 PM
FILING ID: A110DD9A74A3C
CASE NUMBER: 2021CV30426
2 of 4
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, August 16, 2021, per
the parties’ first request for an extension.
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 Monday, August 16, 2021, per the parties’ first request for an
extension.
4. Defendants respectfully requests a second brief extension of time, up to and including
Monday, September 13, 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. The parties (except for the ditch entity which is not represented by the undersigned) are
attempting in good faith to resolve this matter before costs escalate . To that end,
Defendants submitted a settlement proposal to Plaintiff on August 4, 2021. On August
5, 2021, Plaintiff asked for a clarification of certain terms, which Defendants provided
on August 9, 2021. Defendants anticipate a counter from Plaintiff in the immediate
future.
7. Additionally, there is no potential prejudice since Plaintiff served on interested parties
its summons by publication on July 28, 2021, and responses to that are not due until
October 1, 2021 (by Defendants’ calendar).
8. Defendants therefore request an extension of time to respond to the Complaint up to
and including September 13, 2021, so that these parties can hopefully resolve this
matter.
9. Plaintiff will not be prejudiced by the requested extension of time, which Plaintiff does
not oppose.
10. 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 September 13, 2021, for Defendants to respond to the Complaint.
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Respectfully submitted this 13th day of August 2021.
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
4 of 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 13th day of August 2021, a true and correct
copy of the foregoing UNOPPOSED MOTION FOR SECOND EXTENSION OF TIME TO
RESPOND TO COMPLAINT was filed and served via the Colorado Courts E-filing System
upon the following parties of record:
Attorney for City of Fort Collins
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
Attorney for Defendant The Pleasant Valley and Lake Canal Company
Alden V. Hill
Hill and Hill, LLC
The Pleasant Valley and Lake Canal Ditch Company
160 W. Mountain Avenue
Fort Collins, CO 80522
aldenhill@webaccess.net
Fort Collins City Attorney’s Office
Ingrid E. Decker
300 W. LaPorte Avenue
Fort Collins, CO 80521
idecker@fcgov.com
s/ Lorelei A. Knott
Paralegal, McDonough Law LLC
lorelei@mcdonoughlawllc.com