HomeMy WebLinkAbout2024CV31043 - Zaffos v. City of Fort Collins - 09 - Motion for BondDISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
Plaintiff: LINDA ZAFFOS
v.
Defendant: THE CITY OF FORT COLLINS
COURT USE ONLY
Cassie L. Williams, #58279 – cwilliams@wicklaw.com
WICK & TRAUTWEIN, LLC
323 S. College Ave., Suite #3
Fort Collins, Colorado 80524
Case No: 2024CV31043
Division: 4C
MOTION TO REQUIRE NONRESIDENT BOND FILING
COMES NOW, Defendant, by and through its attorneys, Andrew W. Callahan and Cassie
L. Williams of Wick & Trautwein, LLC and files this Motion:
Certificate of Conferral – Undersigned counsel conferred with counsel for Plaintiff, who
opposes the motion.
REQUEST TO REQUIRE FILING OF BOND
In all cases in law and equity where the plaintiff, or the person for whose use an
action is to be commenced, is not a resident of this state, upon motion of the
defendant or any officer of the court pursuant to section 13-16-102, the court may
require the nonresident plaintiff to give an instrument in writing for the payment of
costs of suit as described in subsection (3) of this section; except that, to ensure that
access to the courts is not unreasonably denied, a court shall not require an
instrument in writing for the payment of costs of suit in excess of five thousand
dollars.
C.R.S. § 13-16-101(2).
“An action brought by a nonresident plaintiff cannot proceed without the filing of
a cost bond once a defendant moves to compel such a filing under § 13–16–102. . . . A
DATE FILED
December 31, 2024 5:01 PM
FILING ID: 3784922E928A8
CASE NUMBER: 2024CV31043
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nonresident plaintiff's neglect or refusal to file such a bond thus is equivalent to failure or
neglect to prosecute.” Hytken v. Wake, 68 P.3d 508, 510 (Colo. App. 2002).
According to the Complaint, Plaintiff is a resident of New Jersey. As such, the City
respectfully asks the Court to require Plaintiff to file a cost bond in the amount of five
thousand dollars.
Respectfully submitted this 31st day of December, 2024.
WICK & TRAUTWEIN, LLC
s/Andrew W. Callahan
Andrew W. Callahan, #52421
Cassie L. Williams, #58279
Counsel for City of Fort Collins
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CERTIFICATE OF FILING
I certify that on the 31st day of December, 2024, a copy of this Motion to Require
Nonresident Bond Filing was filed with the court via CCE and served on the following:
Karl W. Hager #52710
123 North College Avenue, Suite 112
Fort Collins, CO 80524
Attorney for Linda Zaffos
/s/ Nicole Pagliari
Nicole Pagliari, Paralegal