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HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 032 - MOTION TO DISMISS COUNTERCLAIMS AND WITHDRAW MOTION FOR INJUNCTIVE RELIEFDISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue Fort Collins, CO 80521  COURT USE ONLY  Plaintiff: ERIC SUTHERLAND, pro se v. Defendants: THE CITY OF FORT COLLINS, a home rule municipality in the State of Colorado; STEVE MILLER, in his capacity as the Larimer County Assessor and all successors in this office; IRENE JOSEY, in her capacity as the Larimer County Treasurer and all successors to this office; and Indispensable Parties: THE TIMNATH DEVELOPMENT AUTHORITY, an Urban Renewal Authority; and COMPASS MORTGAGE CORPORATION, an Alabama company doing business in Colorado. Counsel for The Timnath Development Authority and Compass Mortgage Corporation: Eric R. Burris, pro hac vice pending BROWNSTEIN HYATT FARBER SCHRECK, LLP 201 Third Street NW, Suite 1800 Albuquerque, NM 87102 Telephone: 505.244.0770 Email: eburris@bhfs.com Cole J. Woodward, #50199 BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202-4432 Phone: 303.223.1100 Email: cwoodward@bhfs.com Co-Counsel for The Timnath Development Authority: Robert G. Rogers, #43578 Casey K. Lekahal, #46531 WHITE BEAR ANKELE TANAKA & WALDRON 2154 E. Commons Ave., Suite 2000 Centennial, CO 80122 Phone: 303.858.1800 Emails: rrogers@wbapc.com; clekahal@wbapc.com Case Number: 2018CV149 Division: 3C MOTION TO DISMISS COUNTERCLAIMS AND WITHDRAW MOTION FOR INJUNCTIVE RELIEF PURSUANT TO C.R.C.P. 65(g) DATE FILED: July 24, 2018 1:53 PM FILING ID: 8997B30A9FE5F CASE NUMBER: 2018CV149 2 1. The Timnath Development Authority (“TDA”) and Compass Mortgage Corporation (“Compass”), through their counsel of record, hereby submit their Motion to Dismiss Counterclaims and Withdraw Motion for Injunctive Relief Pursuant to C.R.C.P. 65(g). 2. Certificate of Compliance with Rule 121 §1-15(8): The undersigned certifies that he conferred with Plaintiff via email and proposed a stipulation to dismiss the claims described below. Plaintiff did not respond to counsel’s message to indicate whether he opposed the Motion. 3. The Court previously dismissed Plaintiff’s Claims against TDA and Compass. As a result, TDA requests that the Court dismiss without prejudice its Counterclaims against Sutherland (filed on June 5, 2018). Compass did not file any Counterclaims against Sutherland. 4. As a result of the Court’s dismissal of Plaintiff’s claims, TDA and Compass also seek the Court’s leave to withdraw their Motion for Injunctive Relief Pursuant to C.R.C.P. 65(g) (the “Motion”) (filed June 5, 2018). WHEREFORE, TDA and Compass pray for an Order of this Court Dismissing their Counterclaims without prejudice and withdrawing their Motion for Injunctive Relief Pursuant to C.R.C.P. 65(g). DATED this 24 th day of July, 2018. BROWNSTEIN HYATT FARBER SCHRECK, LLP Original signature on file at offices of Brownstein Hyatt Farber Schreck pursuant to C.R.C.P. 121 § 1-26 By: s/Cole J. Woodward Eric R. Burris, admitted pro hac vice Cole J. Woodward, #50199 Robert G. Rogers, #43578 Casey K. Lekahal, #46531 WHITE BEAR ANKELE TANAKA AND WALDRON Attorneys for The Timnath Development Authority and Compass Mortgage Corporation 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 24 th day of July, 2018, a true and correct copy of the foregoing MOTION TO DISMISS COUNTERCLAIMS AND WITHDRAW MOTION FOR INJUNCTIVE RELIEF PURSUANT TO C.R.C.P. 65(g) was filed with the Court and served via Colorado Courts E-filing System on pro se Plaintiff as follows: By E-Mail and Regular Mail Eric Sutherland 3520 Golden Currant Boulevard Fort Collins, CO 80521 Phone: 970.224.4509 Email: sutherix@yahoo.com s/Penny G. Lalonde Penny G. Lalonde, Paralegal 17113620