HomeMy WebLinkAbout2021CV30470 - CITY OF FORT COLLINS v. AMERICAN CIVIL CONSTRUCTORS, INC. AND AMERICAN CIVIL CONSTRUCTORS, LLC - 011 - Response to Order to Show CauseDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 Laporte Avenue
Fort Collins, CO 80521
Plaintiff:
City of Fort Collins
v.
Defendants:
American Civil Constructors, Inc. and
American Civil Constructors, LLC
▲COURT USE ONLY▲
ATTORNEY FOR PLAINTIFF:
John W. Mill, Atty. Reg. #22348
Mill Construction Law LLC
1040 S. Gaylord Street, Suite 8
Denver, CO 80210
Phone Number: (303) 601-5635
Email: john@millconstructionlaw.com
Case No. 2021-CV-30470
Courtroom: 3B
RESPONSE TO ORDER TO SHOW CAUSE
Plaintiff the City of Fort Collins (“City”), by and through its counsel, Mill
Construction Law, LLC, for this Response to Order to Show Cause, states as follows:
1. The City filed this action on June 30, 2021.
2. The City and Defendant American Civil Constructors (“ACC”) have had extensive
settlement discussions to attempt to resolve this matter.
3. In October 2021, the City and ACC agreed that ACC would remove and cover with
concrete a large planter box that was located above part of the pedestrian underpass located in
the City’s right-of-way at Prospect Road and Center Avenue in the City of Fort Collins (“the
Underpass”).
DATE FILED: August 17, 2022 12:43 PM
FILING ID: 277F9DCA9830E
CASE NUMBER: 2021CV30470
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4. At the parties’ request, the Court stayed this action by order dated October 26, 2021.
The case was stayed through June 30, 2022.
5. The parties submitted status reports to the Court on December 17, 2021 and March
25, 2022.
6. In February and March 2022, it was observed that even after removal of the
planter box the Underpass was still leaking.
7. Thereafter, the parties continued their efforts to resolve the matter. On June 3,
2022, the City made a settlement proposal to ACC and requested a response by June 24, 2022.
On July 1, 2022, ACC rejected the City’s proposal and made a counterproposal. On July 11,
2022, the City rejected ACC’s counterproposal, informed ACC’s counsel that the City believed
the parties needed to move forward with the litigation and requested that ACC file an answer no
later than July 21, 2022.
8. On July 19, 2022, the Court entered the Order to Show Cause.
9. On July 29, 2022, ACC filed Defendants Answer and Jury Demand. Thus, ACC
has answered the Complaint and the case is “at issue.”
10. Counsel for the parties have communicate regarding Rule 26(a)(1) initial
disclosures and the meet and confer required by C.R.C.P. 16(b)(3). The parties intend to proceed
with the case including making initial disclosures and submitting a proposed Case Management
Order as required by the rules.
11. Therefore, the City requests that the Court withdraw the Order to Show Cause,
not dismiss this action and allow this case to proceed.
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DATED: August 17, 2022
MILL CONSTRUCTION LAW LLC
Original signature on file at the office of Mill
Construction Law LLC
By: s/ John W. Mill
John W. Mill, #22348
Mill Construction Law LLC
Denver, CO 80209
Attorney for City of Fort Collins
CERTIFICATE OF SERVICE
I certify that on this 17th day of August, 2022, I served the foregoing RESPONSE TO
ORDER TO SHOW CAUSE via the Colorado Courts E-filing system on:
J. Scott Lasater, #16070
Lasater & Martin, P.C.
8822 Ridgeline Blvd., Suite 405
Highlands Ranch, CO 80129
Counsel for Defendants
Original signature on file at the office of
Mill Construction Law LLC
s/ John W. Mill
John W. Mill, #22348