HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 016 - CITY'S CERTIFICATE OF CONFERRALDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
Phone: 970-498-6100
______________________________________________
Plaintiff:
ILSE G. WESTPHAL
v.
Defendants:
ANTHONY JOHN JANSA; JANSA TRUCKING, LLC,
a Colorado Limited Liability Company; JANSA
TRUCKING, LLC, a North Dakota Limited Liability
Company; THE CITY OF FORT COLLINS, a Colorado
municipal corporation
______________________________________________
Attorneys for Defendant City of Fort Collins
Peter C. Middleton, Esq., #32335
HALL & EVANS, L.L.C.
1001 17th
St., Suite 300
Denver, CO 80202
303-628-3300
303-628-3368 / Fax
middletonp@hallevans.com
John Duval
Deputy City Attorney
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80522-0580
970-416-2488
jduval@fcgov.com
COURT USE ONLY
__________________________
Case No. 2017-CV-030903
Div. 3C
DEFENDANT CITY OF FORT COLLINS’
CERTIFICATE OF CONFERRAL REGARDING ITS MOTION TO DISMISS
PURSUANT TO C.R.C.P. 121 and C.R.S. § 24-10-106
DATE FILED: December 1, 2017 10:00 AM
FILING ID: 116AF6972483C
CASE NUMBER: 2017CV30903
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Defendant, City of Fort Collins, by and through its counsel, submits its Certificate of
Conferral regarding its Motion to Dismiss pursuant to C.R.C.P. 121 and C.R.S. § 24-10-106.
CERTIFICATION – C.R.C.P. 121
First, undersigned counsel, Peter Middleton, expresses his sincerest apology to the Court
for the oversight in not including a certificate of conferral. It will not happen again.
Second, to assure this Court, undersigned counsel did confer and speak with Plaintiff’s
counsel, David Herrara (on the telephone) well before filing the motion (on or before November
16, 2017), and expressed that he intended to file (a) a motion for extension of time in which to
respond to the Complaint and (b) a motion to dismiss based on governmental immunity. See
Defendant’s Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff’s
Complaint and Jury Demand at ¶ 3 filed November 16, 2017, in which Defendant also documented
his intention to file a motion to dismiss (“Defendant anticipates filing a motion to dismiss...).
In their telephone conferral, Mr. Middleton explained to Mr. Herrara that it was the City’s
position that governmental immunity applied and that the exceptions or waiver provisions to
immunity did not apply. Mr. Herrara disagreed with the City’s position and objected to the motion
to dismiss, as expected. Mr. Herrara graciously agreed to the motion for extension of time.
Counsel discussed and agreed on the length of the extension for the convenience of both counsel.
In sum, undersigned counsel, Mr. Middleton, certifies that he did in fact confer with the
Plaintiff’s counsel regarding this motion to dismiss, by telephone and well before filing it, and
Plaintiff objects. Mr. Middleton requests the court to acknowledge this conferral certificate, find
that the conferral was proper, and importantly, accept his apology for the oversight.
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For good measure, undersigned counsel also certifies that he spoke with counsel for the
Jansa Trucking defendants, which take no position on the City’s motion.
Dated: December 1, 2017
/s/ Peter C. Middleton
Peter C. Middleton, Esq., #32335
of HALL & EVANS, L.L.C.
ATTORNEYS FOR DEFENDANT
CITY OF FORT COLLINS
/s/ John R. Duval
John R. Duval, Esq., #10185
Deputy City Attorney
of City of Fort Collins
ATTORNEY FOR DEFENDANT
CITY OF FORT COLLINS
In accordance with C.R.C.P. 121 § 1-26(7), a printed copy of this document with original signatures is being
maintained by the filing party and will be made available for inspection by other parties or the Court upon request.
CERTIFICATE OF SERVICE
I hereby certify that on this 1st
day of December, 2017, I electronically filed and served the
foregoing DEFENDANT CITY OF FORT COLLINS’ CERTIFICATE OF CONFERRAL
REGARDING ITS MOTION TO DISMISS PURSUANT TO C.R.C.P. 121 and C.R.S. § 24-
10-106 via the Colorado Courts E-Filing system upon the following:
David M. Herrera, Esq.
HERMS & HERRERA, L.L.C.
3600 South College Avenue, Suite 204
Fort Collins, CO 80525
david@hhlawoffice.com
Counsel for Plaintiff
James M. Meseck, Esq., #33021
White and Steele, P.C.
600 17th
Street, Suite 600N
Denver, CO 80202
jmeseck@wsteele.com
Counsel for Jansa Defendants
Original Signature on File
/s/Julie Eaglesham
Julie Eaglesham