HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 019 - REPLY IN SUPPORT OF MOTION FOR DISQUALIFICATION AND MOTION FOR EXPANSION OF TIME FOR FILING OPENING BRIEFC
FORT COLLINS MUNICIPAL COURT
215 N. Mason
Fort Collins, CO 80521
Phone (970) 2216800
Plaintiffs: Colleen Hoffman, Rick Hoffman, Ann Hunt
V.
Defendant: THE CITY COUNCIL OF THE CITY OF 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.
Parties without attorney
Colleen Hoffman, pro se
1804 Wallenberg Drive
Fort Collins, CO 80526
(970) 484 8723
cohoff@comcast.net
Rick Hoffman, pro se
1804 Wallenberg
Fort Collins, CO 80526
(970) 484 5154
rick-hoffman@comcast.net
Ann Hunt, pro se
1800 Wallenberg Drive
Fort Collins, CO 80526
(970) 484 5242
COURT USE ONLY
Case Number:
2017 CIVIL 01
Reply Brief in Support of Motion for Disqualification of Judge Pursuant to
Rule 97 C.R.C.P. and Motion for Expansion of Time for Filing Opening
Brief
Pursuant to C.R.C.P. Rule 121 section 1-15, Plaintiffs, Colleen Hoffman, Rick
Hoffman and Ann Hunt reply here to the Response filed by the Defendants to our
Motion for Disqualification.
As pro se litigants in this matter, the Plaintiffs herein use the plural pronouns (we, us,
our) to refer to themselves. Unless otherwise noted, all references to the Plaintiffs
in this pleading where a statement of position on any matter is made or inferred
indicate a jointly adopted position agreed to by all 3 individual plaintiffs.
In this Reply Brief, we reaffirm all statements made in our Motion. We
support these statements with a sworn affidavit to be filed simultaneously with this
Brief and thereby eliminate any possibility of the deficiency noted by the
Defendants in the Response.
We also note that the Defendants did not address one of the two prongs of
our case for the disqualification of Theresa Ablao in this case. In the second
paragraph of page 3 of our original motion, we stated:
We also allege here that Theresa Ablao is connected with the Defendants
and their attorneys so as to render it improper for her to preside over this
proceeding. This allegation has, as its basis, the simple fact that the Defendant
City Council appointed Theresa Ablao to her two- year position as a judge of the
municipal court and Judge Ablao is reliant upon the Defendant_for re -appointment
to continue in this position.
The absence of any response from the Defendants to this allegation must be
viewed by this court as an acknowledgment of the merits of the argument. It
appears that the Defendants are in agreement that Rule 97 operates to eliminate
conflicts of interest that might be present. It is undeniable that a Judge that is
dependent upon the Defendant in a case for reappointment to his or her position
finds himself or herself in a compromised position with an inherent conflict of
interest.
WHEREFOR, we respectfully repeat our request that this court find that Theresa
Ablao is disqualified from presiding over this matter.
We further repeat our request that all previous Orders made by Judge Ablao be
reviewed by her replacement based upon the current record before the court as of
this date with proper action taken sua sponte upon completion of such review.
We further repeat our request that an expansion of time for filing an opening brief
in this matter be granted to require filing of an opening brief no later than 7 days
after a ruling on this Motion is made.
Respectfully submitted this 5" day of July, 2017.
Colleen Hoffinan Rick Hoffman Ann Hunt
1804 Wallenberg Dr. Ft. Collins, CO 80526 Address of Lead Plaintiff
I, Colleen Hoffman, being over the age of eighteen years and duly sworn, hereby attest and swear that
all statements made in our MOTION FOR DISQUALIFICATION OF JUDGE PURSUANT TO RULE 97 AND
MOTION FOR EXPANSION OF TIME FOR FILING OPENING BRIEF are true and correct to the best of my
knowledge and belief. Also, that I am authorized to file this pleading on behalf of co -plaintiffs Rick
Hoffman and Ann Hunt.
4/A 9, �h40M
AV
Colleen Hoffman
STATE OF COLORADO
COUNTY OF LARIMER SS.
Subscribed and sworn to before me this day of j / 2017
By Colleen Hoffman
Notary Public
My Commission expires:
Witness my hand and official seal.
ANTH IA O
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID20054000290
MY COMMISSION EXPIRES MAY 1 2021