HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 122 - MOTION TO ISSUED WRIT OF EXECUTIONDISTRICT 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; THE TIMNATH
DEVELOPMENT AUTHORITY, an Urban Renewal
Authority; and COMPASS MORTGAGE CORPORATION,
an Alabama company doing business in Colorado.
Counsel for Judgment Creditor/Defendants: The Timnath
Development Authority and Compass Mortgage Corporation:
Eric R. Burris, admitted pro hac vice
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
Case Number: 18CV149
Division:
MOTION TO ISSUE WRIT OF EXECUTION
Defendants The Timnath Development Authority (“TDA”) and Compass Mortgage
Corporation (“Compass”), by and through counsel, submit the following Motion to Issue Writ of
Execution.
DATE FILED: April 25, 2019 10:36 AM
FILING ID: 5A7C99D7534E7
CASE NUMBER: 2018CV149
2
Certificate of Conferral Pursuant to Colo. R. Civ. P. 121 § 1-15: Counsel for TDA
and Compass have conferred with Plaintiff regarding the relief requested in this Motion.
Plaintiff advised he opposes the relief requested.
1. On September 10, 2018 Judgment was entered in favor of TDA and Compass, and
against Plaintiff Eric Sutherland in the above-captioned case in the amount of $45,613.55
together with interest at the statutory rate from the date of entry.
2. On December 21, 2018 Compass assigned its rights to all sums awarded to it
pursuant to the Judgment to TDA.
3. TDA now seeks to enforce its final money judgment through a writ of execution,
in accordance with C.R.C.P. 69(a).
4. The fourteen-day automatic stay on execution imposed by C.R.C.P. 62 has lapsed,
and issuance of a writ of execution is proper at this time.
WHEREFORE, TDA and Compass respectfully requests that this Court direct its Clerk to
issue the attached proposed Writ of Execution.
DATED this 25
th
day of April, 2019.
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
Attorneys for Defendants The Timnath Development Authority and
Compass Mortgage Corporation
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CERTIFICATE OF SERVICE
I hereby certify that on this 25
th
day of April, 2019, a true and correct copy of the
foregoing PLAINTIFFS’ MOTION TO ISSUE WRIT OF EXECUTION was filed with the
Court and served via Colorado Courts E-Filing System on all counsel of record and pro se party
as follows:
By 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
19137649