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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 - 024 - Dfs' Notice Of Dismissal Of Trespass Claim1 of 3 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.: DEFENDANTS’ NOTICE OF DISMISSAL OF TRESPASS CLAIM WITHOUT PREJUDICE (CRCP 41(a)(1)(A)) PLEASE TAKE NOTICE THAT 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, DATE FILED: November 8, 2021 4:55 PM FILING ID: 240C647FABABF CASE NUMBER: 2021CV30426 2 of 3 McDonough Law LLC, hereby dismiss, without prejudice, their trespass claim pled in Defendants’ Counterclaim Against Plaintiff City of Fort Collins filed on or about September 30, 2021. Said dismissal is proper under CRCP 41(a)(1)(A) as Plaintiff has not filed a responsive pleading or motion to dismiss. Additionally, Plaintiff does not oppose this dismissal. Respectfully submitted this 8th day of November 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 3 of 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 8th day of November 2021, a true and correct copy of the foregoing DEFENDANTS’ NOTICE OF DISMISSAL OF TRESPASS CLAIM WITHOUT PREJUDICE (CRCP 41(a)(1)(A)) 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 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