HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 102 - DEFENDANT'S MILLER AND JOSEY'S MOTION FOR RULING ON AWARD OF ATTORNEY FEESLarimer County, Colorado, District Court
Larimer County Justice Center
201 La Porte Avenue, Suite 100
Fort Collins, Colorado 80521-2761
(970) 494-3500
Court Use Only
Plaintiff:
ERIC SUTHERLAND,
v.
Defendant:
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.
Jeannine Haag, Reg. No. 11995
David P. Ayraud, Reg. No. 28530
George H. Hass, Reg. No. 897
Frank N. Haug, Reg. No. 41427
Larimer County Attorney’s Office
224 Canyon Ave., Suite 200
Post Office Box 1606
Fort Collins, Colorado 80522
Telephone (970) 498-7450
jeanninehaag@larimer.org
wressue@larimer.org
ghass@larimer.org
Case No. 18 CV 149
Courtroom 5B
DEFENDANTS MILLER AND JOSEY’S
MOTION FOR RULING ON AWARD OF ATTORNEY FEES
Defendants Steve Miller and Irene Josey (County Defendants) move for the Court to
issue a ruling on the Motion for Attorney Fees pursuant to C.R.S. Section 13-17-101 et. seq. As
grounds for this motion, County Defendants show the court as follows:
DATE FILED: March 14, 2019 5:21 PM
FILING ID: 765C5DDC6C3B7
CASE NUMBER: 2018CV149
Certificate of Compliance with C.R.C.P. 121 Section 1-15(8)
The undersigned certifies that he has conferred with Plaintiff via email communication
and explained the basis for this motion. As of the filing of this motion, Plaintiff has not
responded whether or not he objects to the relief requested.
1. On October 12, 2018, Defendants Miller and Josey filed a Verified Motion for
Attorney Fees and Costs in the amount of $2,860.00. On October 29, 2018, the Court issued a
Status Order Regarding Notice of Appeal, in which the Court stated it would hold in abeyance
the motions pending before the Court, including the above referenced motion for attorney fees.
2. After the City of Fort Collins filed a Motion to Reconsider the Status Order, the
Court, on December 6, 2018 stated that it was retaining jurisdiction over the motions regarding
attorney fees and ordered that any response to Defendants Miller and Josey’s motion for fees and
costs was due by December 20, 2018. Upon review of the court record, it does not appear that
any such response was filed.
3. The appeal in case 2018CA1993 has been dismissed.
WHEREFORE, the County Defendants request the Court issue an order ruling on and
granting the award of attorney fees in the amount of $2,860.00.
Dated: March 14, 2019
LARIMER COUNTY ATTORNEY’S OFFICE
By: s/Frank N. Haug
Jeannine S. Haag, Reg. No. 11995
William G. Ressue, Reg. No. 34110
George H. Hass, Reg. No. 897
Frank N. Haug, Reg. No. 41427
Attorneys for Defendants Miller and Josey
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANTS MILLER AND JOSEY’S MOTION FOR RULING ON AWARD OF
ATTORNEY FEES was served on the following using the Colorado Courts E-Filing System or
by placing in the U.S. Mail, postage prepaid, on the 14
th
day of March , 2019:
Eric Sutherland
3520 Golden Currant Boulevard
Fort Collins, CO 80521
Eric R. Burris
BROWNSTEIN HYATT FARBER SCHRECK, LLP
201 Third Street NW, Suite 1800
Albuquerque, NM 87102
eburris@bhfs.com
Cole J. Woodward, #50199
BROWNSTEIN HYATT FARBER SCHRECK, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202-4432
cwoodward@bhfs.com
s/Jennifer D. Infeld