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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 - 009 - Mot Extension Response Complaint 1 of 4 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.: UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 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, McDonough Law LLC, hereby move for an extension of time up to and including August 16, 2021, to respond to the Complaint. As grounds therefore, Defendants state as follows: DATE FILED: July 16, 2021 1:21 PM FILING ID: 5177CE3F12550 CASE NUMBER: 2021CV30426 2 of 4 1. C.R.C.P. 121, §1-15(8) Certificate of Conferral. Undersigned counsel has conferred with counsel for Plaintiff regarding this motion. The motion is unopposed. 2. Crystal J. McDonough of defense counsel’s office accepted service on behalf of Defendants Aaron Million aka Aaron P. Million, Jordan Fox-Million, and Million Agricultural Investments, Ltd. in Colorado on June 28, 2021. Currently Defendants Aaron Million aka Aaron P. Million, Jordan Fox-Million, and Million Agricultural Investments, Ltd.’s response to the Complaint is due on Monday, July 19, 2021. 3. Arlo Richardson aka Arlo Lee Richardson accepted service in Colorado on June 29, 2021. Currently Defendant Arlo Richardson aka Arlo Lee Richardson’s response to the Complaint is due on Tuesday, July 20, 2021. 4. Defendants respectfully requests a brief extension of time, up to and including Monday, August 16, 2021, to respond to the Complaint. 5. Pursuant to C.R.C.P. 6(b), when an act is required within a specified time, the Court for good cause shown may order the period of time enlarged when the request is made. 6. Undersigned counsel was formally retained in this litigation by Defendants on July 13, 2021. Undersigned counsel is undertaking a review of the pleadings as well as substantial documentation related to this matter and is conducting other research related to the surveying issues inherent in this action. 7. Additionally, the parties (except for the ditch entity which is not represented by the undersigned) are anticipating settlement discussions in the immediate future. Defendants anticipate submitting a proposal shortly. 8. Further, Defendants need additional time to confer with undersigned counsel regarding the substance of their response before it is filed. 9. Defendants therefore request an extension of time to respond to the Complaint up to and including August 16, 2021. 10. Plaintiff will not be prejudiced by the requested extension of time, which Plaintiff does not oppose. 11. The requested extension is brief and reasonable, and is the shortest extension of ti me undersigned counsel believes is required given the circumstances cited above. WHEREFORE, Defendants respectfully request that the Court enter an order extending the time, up to and including August 16, 2021, for Defendants to respond to the Complaint. Respectfully submitted this 15th day of July 2021. 3 of 4 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 4 of 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 15th day of July 2021, a true and correct copy of the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT 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 Courtesy Copy To: 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