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HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 070 - Order Dismissing Case For Failure To ProsecuteDISTRICT COURT, LARIMER COUNTY, COLORADO Larimer County Justice Center 201 Laporte Avenue, Suite 100 Fort Collins, CO 80521-2761 (970) 498-6100 Plaintiffs: STUWARD CROSS AND KATRINA RICHMAN v. Defendant: THE CITY OF FORT COLLINS, State of Colorado COURT USE ONLY Case No.: 2020 CV 30363 Division: 3C ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO PROSECUTE ACTION THIS MATTER is before the Court on Defendant’s motion to dismiss for failure to prosecute action as to Plaintiff Katrina Richman (“Plaintiff Richman”). The Court, after having reviewed the same and being fully advised in the premises, hereby GRANTS said motion and ORDERS as follows: Plaintiffs’ complaint was filed on May 29, 2020. The First Amended Complaint and Jury Demand was filed on July 30, 2020. The Case was at issue as of September 10, 2020, which was approximately 17 months ago. Counsel for Plaintiff Richman filed a motion to withdraw on October 11, 2021. The Certificate of Service on that motion shows that Plaintiffs’ counsel served a copy via mail to Ms. Richman at her last known DATE FILED: February 8, 2022 2:23 PM CASE NUMBER: 2020CV30363 2 address. No response was filed by Plaintiff Richman and the motion to withdraw was granted on October 26, 2021 after the 14-day response period had expired. The Court held a Status Conference on November 1, 2021, but Plaintiff Richman did not appear. On November 2, 2021 the Court Ordered, in response to Plaintiff Richman’s non- appearance, that a status conference would be held on December 17, 2021, at which attendance would be mandatory for all parties to learn from Plaintiff Richman her intention to proceed pro se. Ms. Richman received a copy of that motion at her last known address. Plaintiff Richman filed a motion to continue the case on November 29, 2021. The Court issued an order on December 2, 2021, in response to her Motion to Continue Case, ordering Ms. Richman to appear at the December 17, 2021 status conference to update the Court and consider her motion. Plaintiff Richman appeared via telephone at the status conference on December 17, 2021, expressed her willingness to obtain new counsel, but acknowledged that she had not begun a search for new counsel even though she acknowledged was provided notice of her own counsel’s motion in October of 2021. Plaintiff Richman participated in setting the matter for a follow-up status conference. Plaintiff Richman was advised that the Court would be monitoring her meaningful efforts to obtain counsel and, failing such efforts, would continue with the February 28, 2022 jury trial and deadlines as scheduled. The Court declined to grant the Motion to Continue at that time, but set another status conference for January 7, 2022 to allow Plaintiff Richman the opportunity to update the Court on her meaningful efforts to obtain counsel or otherwise proceed with her case, which 3 Plaintiff Richman confirmed she would attend. Plaintiff Richman provided her up-to- date contact information on the record. The Court urged counsel for the parties to meaningfully reach out to and confer with Plaintiff Richman. Plaintiff Richman did not appear at the January 7, 2022 status conference of which she had notice. Defendant filed a Motion to Dismiss for Failure to Prosecute Action pursuant to C.R.C.P. 41(b)(1) on January 14, 2022. No response was filed. A Status Update was filed by Defendant, City of Fort Collins, indicating that efforts to communicate with Plaintiff Richman have been unsuccessful. The Court considers the equity of the request made by Defendant. See Craig v. Rider, 651 P.2d 397 (Colo. 1982). This matter has been pending since the original complaint was filed on May 29, 2020 regarding an accident that occurred on June 7, 2017, which is now nearly five years ago. Not only has the driver of the v ehicle in question died, but Defendants continue to be held in limbo to prepare for trial without communication or participation by Plaintiff Richman. In weighing the equities, the Court finds that, although proceeding pro se can be difficult, non-participation and failure to provide requested updates when those opportunities are presented , makes this Court inclined to grant Defendant’s motion.. Plaintiff Richman has had many opportunities to update the Court regarding this case and her intent to prosecute this action. Instead, she failed to appear at two of the three status conferences scheduled and did not respond to any of the pleadings in this matter. The Court finds that Plaintiff Richman has failed to diligently prosecute her case and that equity dic tates that 4 Defendant be relieved of being held in limbo awaiting Plaintiff to meaningfully communicate or prosecute her case. This action is hereby dismissed, without prejudice, as to Plaintiff Katrina Richman, for failure to prosecute. Plaintiff may petition to reopen her case in the future if she retains counsel or wishes to proceed pro se with her claim. The four-day jury trial in this matter, set for February 28, 2022, is hereby vacated. SO ORDERED this 8th day of February, 2022. BY THE COURT District Court Judge