HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 018 - RESPONSE TO PLAINTIFFS' MOTION FOR DISQUALIFICATION AND MOTION FOR EXPANSION OF TIME FOR FILING OPENING BRIEFFORT COLLINS MUNICIPAL COURT
214 N. Mason
Fort Collins, CO 80521
Phone: (970) 221-6800
Plaintiffs: COLLEEN HOFFMAN, RICK HOFFMAN,
and ANN HUNT,
V.
Defendants: THE CITY COUNCIL OF THE CITY OF
COURT USE ONLY
FORT COLLINS, the governing body of a Colorado
municipal corporation; and THE ADMINISTRATION
BRANCH OF THE CITY OF FORT COLLINS, by and
through its City Manager, Darin Atteberry.
Kimberly B. Schutt, 425947
Case Number:
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
2017-CIVILOI
P.O. Box 2166, Fort Collins, CO 80522
Phone Number: (970) 482-4011
wicklaw.com
E-mail: kschutt@wicklaw.com
FAX Number. (970) 482-8929
John R. Duval, 9 10 185
FORT COLLINS CITY ATTORNEY'S OFFICE
P.O. Box 580
Fort Collins, CO 80522
Phone: (970) 221-6520
Email: jduval@fcgov.com
RESPONSE TO PLAINTIFFS' MOTION FOR DISQUALIFICATION AND MOTION
FOR EXPANSION OF TIME FOR FILING OF OPENING BRIEF
COMES NOW the above -named City of Fort Collins Defendants (jointly, "the City"), by
and through their counsel, Kimberly B. Schutt of Wick & Trautwein, LLC, and John R. Duval of
the Fort Collins City Attorney's Office, and on behalf of the City, respectfully submit the
following response to the Plaintiffs' Motion for Disqualification of Judge Pursuant to Rule 97
C.R.C.P. and Motion for Expansion of Time for Filing Opening Brief.
1. The Plaintiffs have filed a joint motion that seeks disqualification of Judge
Theresa Ablao as the judge in this case, and further seeks a motion for enlargement of the time in
which to file their opening brief. For the reasons discussed below, the motion to disqualify is
without merit for multiple reasons. Further, the motion for expansion of time to file their
opening brief, on which the Plaintiffs never conferred with defense counsel, should also be
denied for the reasons stated below.