HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 023 - ORDER RE CITY'S MOTION TO DISMISSPage1 of1
DISTRICT COURT, LARIMER (FT COLLINS) COUNTY, COLORADO
Court Address:
201 Laporte Avenue, Suite 100, Fort Collins, CO, 80521
Plaintiff(s) ILSE G WESTPHAL
v.
Defendant(s) ANTHONY JOHN JANSA et al.
COURT USE ONLY
Case Number: 2017CV30903
Division: 3C Courtroom:
Order Regarding Defendant City of Fort Collins' Motion to Dismiss
The Court declines to take any action on the Defendant City of Fort Collins motion to dismiss at this time. Plaintiff is entitled
to undertake reasonable discovery and is entitled to an evidentiary hearing to determine whether or not Plaintiff's claim is
barred under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. Trinity Broadcasting of Denver, Inc. v. City
of Westminster, 848 P.2d 96 (Colo. 1993). An initial case management conference has been scheduled to take place on
January 29, 2018 at 9:30 a.m. to discuss the limited discovery necessary to address the issues of governmental immunity
raised by Defendant and to schedule a Trinity hearing before the Court.
Issue Date: 1/10/2018
STEPHEN JOHN JOUARD
District Court Judge
DATE FILED: January 10, 2018 8:27 AM
CASE NUMBER: 2017CV30903