HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 112A - EXHIBIT ADISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue
Fort Collins, CO 80521
COURT USE ONLY
Case Number: 18CV30567
Division: 3C
Plaintiffs:
THE TOWN OF TIMNATH, COLORADO; TIMNATH
DEVELOPMENT AUTHORITY, an Urban Renewal
Authority;
v.
Defendant:
ERIC SUTHERLAND
PERMANENT INJUNCTION
On December 13, 2018, after considering the evidence presented at trial, and the relevant
legal authorities, the Court entered a Temporary Restraining Order (“TRO”) upon Plaintiffs’
Motion for Temporary Restraining Order. Now, the Court hereby makes the TRO permanent as
of the date of this Permanent Injunction.
IT IS HEREBY ORDERED THAT,
1. Sutherland is hereby permanently enjoined from filing, without the representation of an
attorney licensed by the State of Colorado, any civil claims, or petitions in the 8th Judicial
District, unless Sutherland first requests permission to file his claims, petitions, or
counterclaims from a court within the 8th Judicial District by filing a Petition for Leave to
File Pro Se, and the Petition for Leave to File Pro Se is granted by the court in which it is
filed.
2. A Petition for Leave to File Pro Se shall consist of:
a. A petition requesting permission to file a pro se action containing (1) a copy of this
Permanent Injunction, and a statement advising the court that the petition to file a pro
DATE FILED: March 28, 2019 4:13 PM
CASE NUMBER: 2018CV30567
EXHIBIT A
DATE FILED: April 1, 2019 8:29 PM
FILING ID: 7CB7643076335
CASE NUMBER: 2018CV149
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se action is being submitted pursuant to this Permanent Injunction ; (2) a statement
advising the court whether any defendant to the lawsuit was a party, litigant, judge,
attorney, court officer, public official or participant to, or was any way involved in,
any prior lawsuit involving Sutherland; and (3) a list of all lawsuits in the courts of
this state, the United States District Court for the District of Colorado; and the Court
of Appeals for the Tenth Circuit in which Sutherland was or is a party. This list shall
include the name, case number, and citation, if applicable, of each case; a statement
indicating the nature of Sutherland’s involvement in the lawsuit; and its current status
or disposition. If judgment was rendered against Sutherland, he must indicate the
amount of the judgment, the amount of the judgment that remains outstanding, if any,
and the reasons that amount remains outstanding. Sutherland must also identify the
procedural or monetary sanctions, assessment of attorney fees, contempt orders, or
jail sentences arising out of a civil prosecution imposed against him by any court,
including all appellate courts, if any. Sutherland shall include a brief statement
explaining the sanctions, contempt order, attorney fees or jail sentence imposed; the
type or amount of sanctions; the outstanding amount of any sanctions or attorney
fees; and the current status or disposition of the matter.
b. An affidavit containing recitals (1) that the claim(s), petition(s) or counterclaim(s)
Sutherland wishes to present have never before been raised by him and disposed of by
any state or federal court and are not, to the best of his knowledge, barred by
collateral estoppel or res judicata; (2) that to the best of his knowledge the claim(s),
petition(s) or counterclaim(s) are not frivolous or taken in bad faith; that they are well
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grounded in fact and warranted by existing law or a good faith argument for the
extension, modification or reversal of existing law; that the lawsuit is not interposed
for any improper purpose, such as to harass, cause unnecessary delay or needless
increase in the cost of litigation, or to avoid the execution of a valid judgment; (3)
that the claim or claims are not meant to harass any judicial officer, attorney,
individual, organization, or entity; and (4) that in prosecuting the action, Sutherland
will comply with all state and local rules of procedure, including those requiring
service to other parties of all pleadings and papers filed with the court and will
provide the court with acceptable proof that such service was made.
c. A copy of the complaint or claims sought to be filed in the district, along with any
other documents associated therewith.
3. Based on these documents, the court in which Sutherland files his Petition for Leave to File
Pro Se shall either approve or disapprove the Petition for Leave to File Pro Se. In doing so,
the court shall consider:
a. whether Sutherland has complied with this Permanent Injunction ;
b. whether Sutherland’s petition, complaint, or counterclaim complies with the Colorado
Rules of Civil Procedure and the Local Rules of Practice;
c. whether the petition, complaint, or counterclaim is frivolous, abusive, harassing, or
malicious;
d. whether the claims raised in Sutherland’s petition, complaint, or counterclaim have
been previously adjudicated by any state or federal court;
e. whether Sutherland has complied in all respects with Colo. R. Civ. P. 11;
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f. whether the petition, complaint, or counterclaim alleges claims against judges, court
officials, public officers, or any other individuals who may have immunity from suit;
and
g. whether the petition, complaint, or counterclaim meets such other reasonable
requirements established by the court in which Sutherland intends to file his action.
March 28, 2019
J. Robert Lowenbach
Senior District Court Judge
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CERTIFICATE OF SERVICE
I hereby certify that on this 25
th
day of March, 2019, a true and correct copy of the
foregoing [PROPOSED] PERMANENT INJUNCTION was submitted to the Court and
served via Colorado Courts E-Filing System on pro se party as follows:
By Electronic 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
19016350