HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 017 - ORDER STRIKING DEFENDANT'S COUNTERCLAIMPage 1 of 1
DISTRICT COURT, LARIMER (FT COLLINS) COUNTY, COLORADO
Court Address:
201 Laporte Avenue, Suite 100, Fort Collins, CO, 80521
Plaintiff(s) POUDRE FIRE AUTHORITY
v.
Defendant(s) KEITH GILMARTIN
COURT USE ONLY
Case Number: 2016CV31096
Division: 3C Courtroom:
Order Striking Defendant's Counterclaim
This matter comes before the Court on Plaintiff's Unopposed Motion for More Definite Statement pursuant to C.R.C.P. Rule
12(e) with regard to Defendant Gilmartin's asserted counterclaim. The Court granted Plaintiff's motion on January 1, 2017
and directed Defendant Gilmartin to provide a more definite statement to support his asserted counterclaims by January 15,
2017. On January 13, 2017 Defendant Gilmartin requested an extension of time in which to respond to Plaintiff's motion
and was granted an extension of time to provide a more definite statement through and including January 30, 2017. To date,
Defendant has not provided a more definite statement to support the counterclaims asserted.
C.R.C.P. Rule 12(e) provides that if a motion for more definite statement is granted and the order of the court to provide a
more definite statement is not obeyed within 14 days after notice of the order or within such other time as the court may fix,
the court may strike the pleading to which the motion is directed or make any other order as the court deems just.
Defendant Gilmartin has been given more than adequate time to provide a more definite statement to support asserted
counterclaims but has failed to do so. Accordingly, the court hereby strikes the counterclaim asserted by Defendant Gilmartin
against the Plaintiffs.
SO ORDERED.
Issue Date: 2/13/2017
STEPHEN JOHN JOUARD
District Court Judge
DATE FILED: February 13, 2017 5:04 PM
CASE NUMBER: 2016CV31096