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
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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