HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 011 - ORDER DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULTFort Collins .Municipal Court
214 N. Mason
Fort Collins, Colorado 80521
(970)221-6800
Plaintiff Colleen Hoffman, et al.,
v.
Defendants: City Council of the City of Fort Collins, ct al.
RECEIVE®
MAY 3 0 Z017
FORT COLLINS MUNICIPAL
Court Use Only
Case No.: 2017CIVIL01
ORDER DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT
The Court, having reviewed the Plaintiffs motion and the Defendants' response,
applicable rules of procedure and case law hereby F1NDS and ORDERS as follows:
1. The Plaintiffs filed a motion for entry of default citing C.R.C.P. 55(a) asserting that the
Defendants failed to timely file an answer to their complaint. Plaintiffs filed their complaint on
March 20.2017.On March 27, 2017, Defendants' counsel entered an appearance and filed a motion
to stay the proceedings, which the Court granted. Thus, all proceedings in the case were on hold
until April 28, 2017, when Ordinance No. 52, 2017, adopting the Colorado Rules of Civil Procedure
as applicable, became effective. The Defendants' Answer was therefore due on May 12, 2017,
2. The Municipal Court is to "liberally construe, administer and apply, [the Colorado Rules of
Procedure] to secure a just, speedy and inexpensive determination" of civil actions. Font Collins
Municipal Code § 19-3(b). As argued by Defendants, C.R.C.P. 55 is not to be used as a technical
trap, but to achieve fairness in the process. Defendants' timely motion for a stay clearly evinced their
intent to defend against the civil action as opposed to abandonment. Defendants hied their Answer
on May 12, 2017. As such, it was timely filed and the Plaintiffs motion is denied.
3. Plaintiffs' action is a C.R.C.P. 1, 06(a)(4) action. This case will proceed as set forth in that
rule. Plaintiffs are ORDERED to file a motion and proposed order requiring certification of the
record pursuant to C.R.C.P. 106(a)(4)(III) by no later than June 5, 2017.
Dated this May 29, 2017. BY THE COURT
By:
Teresa Ablao, Judge
CERTIFICATE OF SERVICE
I certify that on , 2017, I served the above and forgoing ORDER
DENYING PLAINTIFF'S MO ION FOR ENTRY OF DEFAULT to the following persons via
electronic mail as follows:
Plaintiffs:
Collen Hoffinan Rick Hoffman Ann Hunt
cohofftc ,,comcast.net Rick-hoffmanL�i;comeast.net :A.RH4Zvcomcast.net
Intervenors:
Martha Fitzgerald Carolynne C. White Gina L. Tincher
mfi#zgerald ¢�bhfs.com c,.vhitc@bhfs.com atincher~cl;bhfs.com
Defendants:
Kimberly B. Schutt John R. Duval
kschutt�.q.wicklaw.coni jduval@a,,fcaov.com
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