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
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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
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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.
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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
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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