HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 029 - ORDER REGARDING MOTION FOR INJUCTIVE RELIEF1
District Court, Larimer County, Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
PHONE: (970) 494-3500
__________________________________________________
Plaintiff: Eric Sutherland
v.
Defendants: The City of Fort Collins; Steve Miller, in his
capacity as the Larimer County Assessor; Irene Josey, in
her capacity as the Larimer County Treasurer; The
Timnath Development Authority; and Compass Mortgage
Corporation.
FOR COURT USE
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Case No.: 18CV149
Courtroom: 5B
ORDER REGARDING MOTION FOR INJUNCTIVE RELIEF
Defendants Timnath Development Authority (“TDA”) and Compass Mortgage
Corporation (“Compass”) filed this Motion for Injunctive Relief pursuant to Rule 65(g)
seeking to have Plaintiff Eric Sutherland enjoined from appearing or filing as a pro se
claimant in this or any other action before a Larimer County Court. The Court has
considered the motion, Plaintiff’s Reply, and relevant law and finds as follows:
Defendant TDA and Compass assert that Plaintiff’s numerous lawsuits filed in
District Court are frivolous and vexatious. They seek to enjoin Plaintiff from appearing
pro se on the following grounds:
(1) Plaintiff’s litigation conduct constitutes an abuse of process under Colorado
law;
(2) Plaintiff’s litigation conduct is similar to abusive conduct enjoined in
Colorado courts in the past in both volume and purpose; and
(3) Plaintiff’s litigation conduct is at least as harmful as conduct enjoined by
Colorado courts in the past, and that harm is widely dispersed.
As a threshold matter, the Court will not rule on matters outside the current case.
Defendants have filed a separate case against Plaintiff seeking injunctive relief on the
same grounds. That pending case, 2018CV30567, will address the issues raised by
Defendants seeking to enjoin Plaintiff from filing as a pro se litigant in any case filed in
Larimer County.
DATE FILED: July 12, 2018
CASE NUMBER: 2018CV149
2
Defendants TDA and Compass also filed counterclaims for Abuse of Process and
Intentional Interference with Contractual Relations. Plaintiff filed a Reply, titled
Plaintiff’s Answer to Counter Claims on June 26, 2018. Those counterclaims are still
pending and addressed the same issues as in the Motion.
Relief sought by Defendants under this Motion, if granted, would force Plaintiff
either to retain an attorney against Defendants’ counterclaims in order to defend
himself. The Court will not, as a matter of due process, force Plaintiff to hire an
attorney to defend against Defendants’ counterclaims or concede the claims. Clearly,
the Defendants believe their claims to be meritorious and will result in the award of
damages.
Likewise, the Court will not force Plaintiff to hire an attorney for other pending
matters, such as any request for attorney’s fees and costs by Defendants related to their
Motion to Dismiss, which was granted on July 10, 2018.
Regarding any future filings, amendments, and motions not related to pending
events, the Court holds in abeyance TDA and Compass’ Motion until at least after the
other Defendants, the City of Fort Collins, Steve Miller, and Irene Josey, file answers to
the complaint. The Court will determine whether Plaintiff’s conduct rises to a level of
abuse that warrants enjoining him from submitting future pro se filings at an
appropriate time.
Certainly, Defendants are free to seek attorney’s fees and costs pursuant to C.R.S.
§ 13-17-102(6), which holds that a party that appears without an attorney may be
assessed fees and costs if “the court finds that the party clearly knew or reasonably
should have known that his action or defense, or any part thereof, was substantially
frivolous, substantially groundless, or substantially vexatious.”
Dated: July 12, 2018.
BY THE COURT:
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Gregory M. Lammons
District Court Judge