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HomeMy WebLinkAbout2016CV144 - Farver V. City Of Fort Collins - 005 - Plaintiff's Response To The Court's Delay Prevention Orderr 2 ❑ Small Claims ❑ County Court ® District Court ❑ Probate Court ❑ Juvenile Court ❑ Water Court Latimer County, Colorado Latimer County Justice Center 201 La Porte Ave Suite 100 Ft. Collins, CO 80521 Plaintiff. Virginia L.Farver v Defendant(s): City of Fort Collins Fort Collins City Council Darin Atteberry Fort Collins Utilities Fort Collins Utilities Management and Staff Dennis Sumner Steve Catanach; and Does 1 - 100 DATE FILED: June 3, 0 CASE NUMBER: 201 C * COURT USE ONLY Case Number: 16CV144 Div.: Ctrm: 513 Attorney or Party Without Attorney: (Name & Address) 1214 Belleview Drive Fort Collins, CO 80526 Phone Number: 970-689-3798 FAX Number: E-mail: Atty. Reg. #: Plaintiff's Response to the Court's Delay Prevention Order This is Plaintiff s Response to the Court's Delay Prevention Order dated May 13, 2016 and the Court's previous order dated April 29, 2016. Plaintiff apologizes for not responding to the Court's orders before this date and respectfully asks the Court to not dismiss this case as Plaintiff intends to diligently prosecute the case. The status of this case is current, present and ongoing. Service is expected to be had on Defendants within 3 business days of the date of this Response. In response to the Courts Order for Plaintiff to show cause in writing why this case should not be dismissed for failure to prosecute, there are several causes. Plaintiff is not represented by an attorney, is not an attorney, and is in propria persona. 16 V144 r As such Plaintiff is studying and learning the law as this case goes along. Plaintiff has been traveling and attending many meetings in Fort Collins and nearby cities. Plaintiff has been researching Colorado Revised Statutes and the Colorado Code of Civil Procedure and reviewing the facts of this case to determine whether to file amended complaint. Plaintiff has served one of the Defendants, Mr. Steve Catanach, who is no longer employed by the City of Fort Collins and no longer lives in Fort Collins. Finding and serving Mr. Catanach took several phone calls and emails. Plaintiff saw that Rule 4(m) of the Colorado Rules of Civil Procedure gives Plaintiff 63 days after the Complaint is filed to serve the Defendants. Within that time Plaintiff received the Court's Orders, the 2nd of which appears to give Plaintiff 35 days to file an adequate response to avoid dismissal. Plaintiff files this Response within that time and asks the Court to find that it is adequate. Dated June 3, 2016 Respectfully submitted. ViraiKfa L. F Complaint for damages, declaratory order and injunction related to the AMFC project Page 2