HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 109 - CITY OF FORT COLLINS NOTICE OF CORRECTION OF RECORDDISTRICT COURT, LARIMER COUNTY,
COLORADO
Court Address: 201 La Porte Avenue
Fort Collins, CO 80521
Phone Number: (970) 494-3500
▲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.
Attorneys for Defendant City of Fort Collins:
John W. Mill (#22348)
Rosemary A. Loehr (#52559)
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Phone Number: (303) 297-2900
Email: jmill@shermanhoward.com
rloehr@shermanhoward.com
Carrie M. Daggett, #23316
John R. Duval, #10185
Fort Collins City Attorney’s Office
300 LaPorte Avenue
Fort Collins, CO 80522-0580
970-221-6520
cddaggett@fcgov.com, jduval@fcgov.com
Case No.: 2018CV149
Courtroom/Division: 5B
CITY OF FORT COLLINS’S NOTICE OF CORRECTION OF RECORD
DATE FILED: March 19, 2019 3:33 PM
FILING ID: F9E5EF2ABC95A
CASE NUMBER: 2018CV149
2
NOTICE IS HEREBY GIVEN that the City of Fort Collins (“the City”) submits a
correction to the record in the above-captioned matter. On March 15, 2019, the City participated
in a hearing in front of Judge Lammons. The purpose of the hearing was to elicit testimony and
provide evidence on the City’s Combined Motion for Attorneys’ Fees and Costs.
During that hearing, the City called Mr. Michael Beckstead to testify. During Plaintiff’s
cross examination of Mr. Beckstead, Plaintiff asked Mr. Beckstead if he, Mr. Beckstead, knew
about Plaintiff’s complaint at the time the City issued its broadband revenue bonds. Mr.
Beckstead responded that he was unaware of Plaintiff’s complaint at that time. After his
testimony, Mr. Beckstead gave additional thought to his responses and recalled that he did in fact
know of Plaintiff’s complaint at the time the City issued its broadband revenue bonds. Attached
hereto is Exhibit A, an affidavit from Mr. Beckstead, correcting his testimony and explaining
that his mistake was inadvertent.
The City believes that the timing of when Mr. Beckstead knew of Plaintiff’s complaint is
irrelevant and immaterial to the issues before the Court. The purpose of the hearing was to
provide evidence and testimony on the frivolous nature of Plaintiff’s claims against the City and
the reasonableness of the City’s incurred fees and costs. The extent to which the City or its
employees knew about Plaintiff’s complaint prior to issuing broadband bonds has no bearing on
whether Plaintiff’s claims are frivolous.
Nevertheless, the City and Mr. Beckstead want to correct Mr. Beckstead’s testimony to
ensure a complete and accurate record for the benefit of all parties and the Court. And so, the
City submits this Notice to correct the record.
Dated this 19
th
day of March, 2019.
SHERMAN & HOWARD L.L.C.
s/ Rosemary A. Loehr
Rosemary A. Loehr (#52559)
John W. Mill (#22348)
Sherman & Howard L.L.C.
633 Seventeenth Street, Suite 3000
Denver, Colorado 80202
(303) 297-2900
rloehr@shermanhoward.com
jmill@shermanhoward.com
3
CERTIFICATE OF SERVICE
I certify that on the 19th day of March, 2019, a true and correct copy of the foregoing CITY
OF FORT COLLINS’S NOTICE OF CORRECTION OF RECORD was filed via Colorado
Court’s E-Filing system, and was served on the following:
Eric Sutherland, pro se
3520 Golden Currant Boulevard
Fort Collins, CO 80521
(By email and US Mail)
Eric R. Burris, Esq.
Cole J. Woodward, Esq.
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202
(By Colorado Court’s E-Filing)
/s/ Patricia A. Rendoff
Patricia A. Rendoff, Legal Secretary