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HomeMy WebLinkAbout2022CV30661 - Sanctuary Field Neighborhood Network, Et Al, V. Council Of The City Of Fort Collins - 019 - Dfs' Mot Amend The Record 1 3/29/2023 Q:\USERS\FORT COLLINS\LITIGATION\SANCTUARY\PLEADINGS\MOTION TO AMEND RECORD-032923.FINAL.DOCX DISTRICT COURT, LARIMER COUNTY, COLORADO 201 La Porte Ave., Suite 100 Fort Collins, CO 80521 ▲ COURT USE ONLY ▲ Plaintiffs: SANCTUARY FIELD NEIGHBORHOOD NETWORK, a Colorado nonprofit corporation; and MIRANDA SPINDEL, v. Defendants: CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado; and intervenors SOLITAIRE HOMES EAST, LLC and SOLITAIRE HOMES, LLC Attorneys for Defendant: Attorney: Corey Y. Hoffmann, No. 24920 Katharine J. Vera, No. 53995 Firm Hoffmann, Parker, Wilson & Carberry, P.C. 511 16th Street, Suite 610 Denver, CO 80202 Phone: (303) 825-6444 E-mail: cyh@hpwclaw.com kjv@hpwclaw.com Case No.: 2022CV30661 Division: 5A DEFENDANT'S UNOPPOSED MOTION TO AMEND THE RECORD Defendant the City Council of the City of Fort Collins (the "City Council" or "Defendant"), by its undersigned counsel, Hoffmann, Parker, Wilson & Carberry, P.C., submits this Motion to Amend the Record: Certification Pursuant to Rule 121, § 1-15: Undersigned counsel certifies that on March 28, 2023, counsel for Defendant conferred with counsel for Plaintiffs Sanctuary Field Neighborhood Network and Miranda Spindel ("Plaintiffs") who do not oppose the relief requested herein. On March 27, 2023, counsel for Defendant conferred with Defendants Solitaire Homes East, LLC and Solitaire Homes, LLC who do not oppose the relie f requested herein. 1. On November 22, 2022, the record was certified pursuant to C.R.C.P. 106(a)(4). 2. Due to file size, the record was split into several document files that were uploaded onto CCES for filing. DATE FILED: March 29, 2023 5:21 PM FILING ID: C869946D26A4A CASE NUMBER: 2022CV30661 2 3/29/2023 Q:\USERS\FORT COLLINS\LITIGATION\SANCTUARY\PLEADINGS\MOTION TO AMEND RECORD-032923.FINAL.DOCX 3. As a clerical oversight, that has just now been brought to Defendant's attention, the file containing part 13 of the exhibit that contains the page range from 000017-001084 (titled Exhibit – Attach to Pleading/Doc Records 000017-001084 (Part 13) on CCES) was uploaded twice, and the file containing part 14 (titled Exhibit – Attach to Pleading/Doc Records 000017- 001084 (Part 14) on CCES) of that same exhibit was omitted. 4. In addition to the foregoing oversight, Solitaire Fort Collins, LLC’s Development Review Application Form (the "Application Form"), which was attached as Exhibit A to the Plaintiffs’ Opening Brief was not included as part of the record. 5. Defendant seeks to amend the record to upload the correct file and include the Application Form in the record so that the Court and the parties have access to the entire record. Plaintiffs did not have access to the missing court file prior to filing their Opening Brief and Reply Brief. WHEREFORE, Defendant respectfully requests this Court grant Defendant City o f Fort Collins's Motion to Amend the Record to include the correct Exhibit – Attach to Pleading/Doc Records 000017-001084 (Part 14) and the Application Form, as attached to the Plaintiffs’ Opening Brief. A proposed order is attached for the convenience of the court. Dated this 29th day of March 2023. HOFFMANN, PARKER, WILSON & CARBERRY, P.C. By: /s/ Corey Y. Hoffmann Corey Y. Hoffmann Katharine J. Vera ATTORNEYS FOR DEFENDANT 3 3/29/2023 Q:\USERS\FORT COLLINS\LITIGATION\SANCTUARY\PLEADINGS\MOTION TO AMEND RECORD-032923.FINAL.DOCX CERTIFICATE OF SERVICE I certify that on this 29th day of March 2023, I caused a true and correct copy of the foregoing DEFENDANT CITY OF FORT COLLINS MOTION TO AMEND THE RECORD to be served via CCES, electronic mail, and/or U.S. mail on the following: Frascona, Joiner, Goodman and Greenstein, P.C. Andrew Pipes 4750 Table Mesa Drive Boulder, CO 80305-5500 Attorney for Plaintiff Ballard Spahr LLP Andrew J. Petrie Andrew Valencia 1225 17th St., Suite 2300 Denver, CO 80202 Attorneys for Soltaire Homes, East, LLC and Soltaire Homes, LLC /s/ Jenny Latta Jenny Latta, Legal Assistant