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HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 052 - STIPULATED MOTION FOR ENTRY OF PRELIMINARY INJUNCTIONDISTRICT COURT, LARIMER COUNTY, COLORADO Larimer County Justice Center 201 La Porte Avenue Suite 100 Fort Collins, CO 80521 970-494-3500 ▲ COURT USE ONLY ▲ Plaintiff: CITY OF FORT COLLINS, a Colorado municipal corporation; and POUDRE FIRE AUTHORITY, a Colorado public entity, v. Defendant: KEITH GILMARTIN, an individual. Kelley B. Duke, #35168 Benjamin J. Larson, #42540 IRELAND STAPLETON PRYOR & PASCOE, PC 717 17 th St., Suite 2800 Denver, Colorado 80202 Telephone: (303) 623-2700 Fax No.: (303) 623-2062 E-mail: kduke@irelandstapleton.com blarson@irelandstapleton.com SPECIAL COUNSEL FOR THE CITY OF FORT COLLINS; ATTORNEYS FOR POUDRE FIRE AUTHORITY Keith Gilmartin 3316 W. Vine Drive Fort Collins, CO 80521 Pro Se Defendant Case No.: 16CV31096 Div.: Ctrm: 3C STIPULATED MOTION FOR ENTRY OF PRELIMINARY INJUNCTION Plaintiffs the City of Fort Collins, a Colorado municipal corporation (the "City"), and the Poudre Fire Authority, a Colorado public entity (the "Authority", collectively, "Plaintiffs") by and through their undersigned counsel, IRELAND STAPLETON PRYOR & PASCOE, PC, and DATE FILED: June 27, 2017 7:43 PM FILING ID: B7D41C7F94658 CASE NUMBER: 2016CV31096 2 Defendant Keith Gilmartin, appearing pro se, jointly file this Stipulated Motion for Entry of Preliminary Injunction, stating as follows: 1. On June 6, 2017, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction against Mr. Gilmartin. 2. A hearing was held on the Motion for Temporary Restraining Order at 9 a.m., June 8, 2017. Plaintiffs' counsel and Mr. Gilmartin appeared. 3. At the conclusion of the hearing, the Court entered a temporary restraining order against Mr. Gilmartin, a copy of which is attached hereto as Exhibit A ("TRO"). The TRO is in effect until such time as the Court rules on Plaintiffs' Motion for Preliminary Injunction or until the Court orders otherwise; provided, however, that the TRO expires after 14 days unless Plaintiffs have scheduled a hearing on their Motion for Preliminary Injunction. 4. The parties scheduled a hearing for June 28, 2017. 5. Because trial is only two months away and in order to avoid a hearing on Plaintiffs' Motion for Preliminary Injunction in the interim, the parties have stipulated to the entry of a preliminary injunction against Mr. Gilmartin ("Preliminary Injunction"), the practical effect of which is to extend the TRO through such time as the Court issues a final judgment on the merits of all of Plaintiffs' claims or until the Court orders otherwise. 6. A proposed order granting the Preliminary Injunction in the form agreed upon by the parties is being filed herewith ("Proposed Order"). The parties waive any rights to a hearing on Plaintiffs' Motion for Preliminary Injunction, request that the hearing set for June 28, 2017 be vacated, and consent to the Court entering the Proposed Order without a hearing. 3 WHEREFORE, the parties respectfully request that the Court enter the Proposed Order granting the Preliminary Injunction. Respectfully submitted this 27th day of June, 2017. IRELAND STAPLETON PRYOR & PASCOE, PC Signed original on file at the office of Ireland Stapleton Pryor & Pascoe, PC /s/ Kelley B. Duke Kelley B. Duke, #35168 Benjamin J. Larson, #42540 Special Counsel for the City of Fort Collins Attorneys for Poudre Fire Authority /s/ Keith Gilmartin Keith Gilmartin 3316 W. Vine Drive Fort Collins, CO 80521 Pro Se Defendant 4 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of June, 2017, a true and correct copy of the foregoing was served via U.S. Postal Service, first class mail, postage prepaid and addressed as follows: Keith Gilmartin 3316 W. Vine Drive Fort Collins, CO 80521 And served via email to: keithgil2@gmail.com SIGNED ORIGINAL ON FILE AT THE OFFICE OF IRELAND STAPLETON PRYOR & PASCOE, PC /s/ Barbara Biondolillo Barbara Biondolillo