HomeMy WebLinkAbout2017CV219 - ERIC SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 006A - PROPOSED ORDER RE: DEFENDANT CITY'S UNOPPOSED MOTION FOR SUBMISSION OF LEGAL BRIEFSDISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 498-6100
Plaintiff: ERIC SUTHERLAND,
v.
Defendant: THE CITY OF FORT COLLINS
Indispensable Party: Angela Myer, Larimer County
Clerk and Recorder
COURT USE ONLY
Case Number: 2017 CV 219
Courtroom: 5C
ORDER RE: UNOPPOSED MOTION
FOR SUBMISSION OF LEGAL BRIEFS
THIS MATTER has come before the Court on the Defendant City of Fort Collins’
(“City”) unopposed motion for leave to submit a legal brief prior to the expedited hearing
required by C.R.S. §1-11-203.5(2). The Court, being duly advised in the premises, FINDS and
ORDERS as follows:
1. The Plaintiff has initiated the above-captioned action pursuant to C.R.S. §1-11-
203.5, contesting the form and content of the ballot measure relating to the City’s proposed
Broadband Charter Amendment, as contained in Ordinance No. 101, 2017.
2. Under C.R.S. §1-11-203.5, the Court is required to set the matter for an expedited
hearing to occur within 10 days of the date of the filing of the answer by the City. The City filed
its Answer on August 24, 2017, and thus the hearing must take place on or before September 5,
2017 (since the 10th day is the Monday Labor Day holiday).
3. The Court agrees that it would be helpful for both parties to submit legal briefs in
support of their positions.
4. Accordingly, the parties shall both be allowed to submit legal briefs one the same
date prior to the expedited hearing, with each side having an opportunity to rebut the others’
2
positions via oral argument at the time of the hearing. The Court shall set the briefing deadline
in conjunction with the setting of the expedited hearing.
DONE this ______ day of August, 2017.
BY THE COURT:
District Court Judge