HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 022 - DEFENDANTS' MOTION FOR STATUS CONFERENCEFORT COLLINS MUNICIPAL COURT
215 N. Mason
Fort Collins, CO 80521
Phone: (970) 221-6800
COURT USE ONLY
Plaintiffs:
COLLEEN HOFFMAN,
RICK HOFFMAN, and
ANN HUNT
v.
Defendants:
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, and
Defendant-Intervenor:
SUMMIT MANAGEMENT SERVICES, INC.
Attorneys for Defendant-Intervenor:
Martha L. Fitzgerald, #14078
Carolynne C. White, #23437
Gina L. Tincher, #48479
BROWNSTEIN HYATT FARBER SCHRECK, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202-4432
Phone: 303.223.1100
Fax: 303.223.1111
Emails: mfitzgerald@bhfs.com; cwhite@bhfs.com;
gtincher@bhfs.com
Case Number: 2017CV01
Division:
DEFENDANTS’ MOTION FOR STATUS CONFERENCE
Defendant-Intervenor Summit Management Services, Inc. (“Summit”), and Defendant
City of Fort Collins (“Fort Collins”) (collectively, “Defendants”), respectfully request a status
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conference regarding the Court’s appointment on this case and to ensure the parties are given
direction on moving forward. In support, Summit and Fort Collins state the following:
Certification of Conferral. The undersigned certifies that, pursuant to C.R.C.P.
121, § 1-15(8), she attempted to confer in good faith with the Plaintiffs, who would not respond
to requests to meet and confer.
1. On March 7, 2017, Plaintiffs filed a Complaint and Request for Injunctive Relief
challenging the City of Fort Collins’ City Council’s approval of the Landmark Apartments
Expansion Project Development Plan. Summit was the applicant that submitted the PDP for
Council review and approval in this case.
2. On May 12, 2017, the Plaintiffs filed a Motion for Default, which was denied on
May 29, 2017. Importantly, in the Court’s order, the Plaintiffs were ordered to file a motion and
proposed order requiring certification of the record no later than June 5, 2017.
3. On May 18, 2017, Summit filed a Motion to Intervene in this matter, which Judge
Ablao granted on May 26, 2017.
4. On June 28, 2017, the Plaintiffs filed a Motion for Disqualification of Judge
Ablao and, additionally, sought an enlargement of time in which to file an opening brief.
5. On July 11, 2017, Judge Ablao recused herself from this matter. However, the
Plaintiffs’ Motion for an Enlargement of Time remains undecided.
6. To the knowledge of defendants, this is the first Rule 106 action to be heard by
the Fort Collins Municipal Court.
7. While the Municipal Court has jurisdiction over this matter, until April 28, 2017,
the procedural rules for hearing this type of case by the Court were unclear. As such, the Fort
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Collins City Council adopted Ordinance 52, which specifies that the Colorado Rules of Civil
Procedure shall govern cases such as this where actions of the City are challenged.
8. To date, Plaintiffs have not filed a motion for certification of the Record as
required by the Court’s May 29, 2017 Order. As a result, this case has stalled. See also Colo. R.
Civ. P. 106(a)(4)(III) and (VII) (if no record is requested by the plaintiff, plaintiff must file
opening brief within 42 days after defendant has served its answer).
WHEREFORE, Summit and Fort Collins respectfully request the Court schedule a status
conference with the parties as soon as is practicable given the Court’s schedule.
DATED: July 21, 2017.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By: s/Martha L. Fitzgerald
Martha L. Fitzgerald, #14078
Carolynne C. White, #23437
Gina L. Tincher, #48479
ATTORNEYS FOR DEFENDANT-INTERVENOR
SUMMIT MANAGEMENT SERVICES, INC.
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WICK & TRAUTWEIN, LLC
By: s/Kimberly B. Schutt
Kimberly B. Schutt, #25947
And
John R. Duval, #10185
FORT COLLINS CITY ATTORNEY’S OFFICE
P.O. Box 580
Fort Collins, CO 80522
ATTORNEYS FOR DEFENDANT CITY OF FORT
COLLINS
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 21
st
day of July, 2017, a true and correct
copy of the foregoing DEFENDANTS’ MOTION FOR STATUS CONFERENCE was filed
with the Court via email, and served via U.S. Mail, postage prepaid, upon the following
(courtesy copies served by email):
Colleen Hoffman, Pro Se
1804 Wallenberg Drive
Fort Collins, CO 80526
(970) 484-8723
cohoff@comcast.net
Rick Hoffman, Pro Se
1804 Wallenberg Drive
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
arh4@comcast.net
Plaintiffs
s/Gina L. Tincher
Gina L. Tincher
15838509.1