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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 - 022 - Motion Extension Respond Counterclaims1 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 a/k/a AARON P. MILLION; JORDAN FOX-MILLION; MILLION AGRICULTURAL INVESTMENTS, LTD., a Colorado limited partnership; ARLO RICHARDSON a/k/a 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 Plaintiff Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Johnson Muffly & Dauster, PC 323 South College Avenue, Suite 1 Fort Collins, Colorado 80524 Telephone: 970-482-4846; FAX: 970-482-3038 pdauster@nocolawgroup.com * dstjohn@nocolawgroup.com Case No. 2021CV30426 Courtroom: 5B PLAINTIFF CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO ANSWER AND COUNTERCLAIM OF DEFENDANTS AARON MILLION, JORDAN FOX-MILLION, MILLION AGRICULTURAL INVESTMENTS, LTD., AND ARLO RICHARDSON Plaintiff City of Fort Collins (“Plaintiff”), by and through its attorneys, Johnson Muffly & Dauster, PC and the Fort Collins City Attorney’s Office, hereby submits its Unopposed Motion for Extension of Time to File Response to Answer and Counterclaim of Defendants Aaron Million, Jordan Fox-Million, Million Agricultural Investments, Ltd., and Arlo Richardson and as grounds for this request states the following: DATE FILED: October 21, 2021 10:45 AM FILING ID: 2720D21031823 CASE NUMBER: 2021CV30426 2 C.R.C.P. 121, § 1-15 CERTIFICATION Pursuant to C.R.C.P. 121, § 1-15, the undersigned states that he has conferred with Defendants’ counsel, who represents the Defendants have no objection to the relief requested herein. A. On September 30, 2021, Defendants filed their Answer and Counterclaim. B. Pursuant to the Colorado Rules of Civil Procedure, Plaintiff’s reply or other responsive pleading to Defendants’ Counterclaim is due on or before October 21, 2021. C. The parties are currently discussing Plaintiff’s claim of immunity to Defendants’ counterclaim under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. Additional time is required to complete those discussions and prepare the necessary pleadings, as may be required. D. No party will be prejudiced by the requested extension, as indicated by the Defendants’ lack of objection to the requested relief. WHEREFORE, Plaintiff City of Fort Collins respectfully requests this Court enter an Order allowing Plaintiff a 3-week extension of time, up to and including November 11, 2021, within which to file its Response to Defendants’ Answer and Counterclaim. A proposed Order is attached. DATED this 21st day of October 2021. JOHNSON MUFFLY & DAUSTER, PC _/s/Daniel M. St. John II* Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Attorneys for City of Fort Collins 3 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on this 21st day of October 2021, a true and correct copy of the above and foregoing PLAINTIFF CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO ANSWER AND COUNTERCLAIM OF DEFENDANTS AARON MILLION, JORDAN FOX-MILLION, MILLION AGRICULTURAL INVESTMENTS, LTD., AND ARLO RICHARDSON was served electronically via CCE to the following: Ingrid Decker City Attorney’s Office 300 LaPorte Avenue Fort Collins, Colorado 80522 Co-Counsel for Plaintiff Crystal J. McDonough Scott Slawson McDonough Law LLC 1635 Foxtail Drive Loveland, Colorado 80538 Counsel for Million Defendants and Defendant Richardson Alden V. Hill Hill and Hill, LLC 160 W. Mountain Ave. Fort Collins, Colorado 80522 Counsel for Defendant Pleasant Valley and Lake Canal Company /s/ Mariana Walters* For Johnson Muffly & Dauster, PC *ELECTRONICALLY FILED: Original signatures maintained pursuant to C.R.C.P. 121 Sec. 1-26 at the offices of Johnson Muffly & Dauster PC and available for inspection by the Court and other parties upon request.