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HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 142 - AMENDED MOTIONDISTRICT 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. Attorneys for The Timnath Development Authority and Compass Mortgage Corporation: Eric R. Burris, pro hac vice admitted BROWNSTEIN HYATT FARBER SCHRECK, LLP 201 Third Street NW, Suite 1800 Albuquerque, NM 87102 Telephone: 505.244.0770 Email: eburris@bhfs.com Chloe Mickel, #50437 Jesse D. Sutz, #52395 BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202-4432 Phone: 303.223.1100 Email: cmickel@bhfs.com; jsutz@bhfs.com Case Number: 2018CV149 Division: 3C OUT OF STATE COUNSEL’S AMENDED SECOND VERIFIED MOTION REQUESTING CONTINUED PRO HAC VICE ADMISSION OF ERIC R. BURRIS Pursuant to C.R.C.P. 121 § 1-2, and Rule 205.3, Eric R. Burris of the New Mexico office of Brownstein Hyatt Farber Schreck, LLP moves for the continuation of pro hac vice admission to practice before this Court in the above-captioned matter. DATE FILED: May 29, 2019 9:54 AM FILING ID: 61F4E61161F93 CASE NUMBER: 2018CV149 2 AS GROUNDS FOR THIS MOTION, Eric R. Burris states and shows the Court the following: 1. Under Rule 205.3, an attorney and counselor at law in good standing from any other jurisdiction in the United States may, in the discretion of a Colorado court of record, be permitted to participate before the Court in a trial, argument and other proceeding in the particular case in which the attorney is employed, provided that a member in good standing of the Bar of the State of Colorado is associated in such cause at all stages of the case. 2. Eric R. Burris of the New Mexico office of Brownstein Hyatt Farber Schreck, LLP is a member in good standing of the State Bar of New Mexico. Eric R. Burris is assigned attorney registration or bar admission number 5598 in New Mexico. 3. Eric R. Burris has also not been licensed in any other jurisdictions. 4. Eric R. Burris is in good standing in all Bars wherever admitted and no discipline or grievance proceedings have been filed or are pending. 5. Eric R. Burris sought and was granted pro hac vice admission in this matter on June 27, 2018 under the sponsorship of Cole J. Woodward, who has now left the law firm of Brownstein Hyatt Farber Schreck, LLP. Out of an abundance of caution, Eric R. Burris now seeks admission under the sponsorship of Jesse D. Sutz. 6. Eric R. Burris has also sought and been granted pro hac vice admission in the State of Colorado in the following Larimer County District Court cases within the last five years: 2018CV30269: In the Matter of SW Prospect I25 Metropolitan District Nos. 1-7; 2018CV30270: In the Matter of Gateway at Prospect Metropolitan District Nos. 1-7; 2018CV30272: In the Matter of Rudolph Farms Metropolitan District Nos. 1-6; 2018CV30278: In the Matter of I-25/Prospect Interchange Metropolitan District; 3 2018CV30567: The Town of Timnath, Colorado and Timnath Development Authority v. Eric Sutherland; and 2018CV31187: Timnath Development Authority v. Eric Sutherland, Christie Mathews. 7. Eric R. Burris acknowledges that he is subject to all applicable provisions of the Colorado Rules of Professional Conduct and the Colorado Rules of Civil Procedure and that he has read such rules. 8. Jesse D. Sutz, #52395, is a member in good standing of the Bar of the State of Colorado. 9. Jesse D. Sutz will be present and participate in a meaningful and substantial manner throughout the proceedings and trial of this matter. 10. The Timnath Development Authority and Compass Mortgage Corporation have been notified of this Verified Motion. In addition, the following are parties to the proceeding and have been notified of this Verified Motion requesting continued pro hac vice admission: 1) pro se Plaintiff Eric Sutherland; 2) Defendants The Timnath Development Authority and Compass Mortgage Corporation; 3) Defendant City of Fort Collins; and 4) Defendants Steve Miller and Irene Josey. 11. Jesse D. Sutz has filed a copy of this motion with the Clerk of the Colorado Supreme Court at the Attorney Registration Office, 1300 Broadway, Suite 510, Denver, Colorado 80203. As Mr. Burris was admitted in this matter previously, an additional fee is not required. 12. An affidavit setting forth Eric R. Burris’ qualifications and compliance is attached. WHEREFORE, Out of State Counsel respectfully requests that the Court continue Eric R. Burris’ pro hac vice admission to practice before the Court in this case. Respectfully submitted on the 28th day of May, 2019. By: STATE OF NEW MEXICO COUNTY OF BERNALILLO Eric R. Burris, pro hac vice admitted ) ) SS. ) The foregoing instrument was subscribed and sworn before me this ---2.f!_hday of May, 2019 by ERIC R. BURRIS. Witness my hand and official seal. My commission expires: /0 ~(,, - :2..0;J.0 ~\\f- 5T47-~ o• 0 : OFFICIAL SEAL j YOLANDA K.P. HERNANDEZ \.,.,, J' Nù'fA;(Y PUBLIC· STATE OF NEW MEXICO • ,Qt'l .. My Commission Expires:. ../ ~ - ~ ~ 2JJ 2 t) 4 By: o Mickel, #5043 D. Sutz, #52395 Attorneys for Plaintiffs ST A TE OF COLORADO ) ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was subscribed and sworn before me this~y of May, 2019 by JESSE D. SUTZ. PAUi.EHE M. CHESSON NOiARY PUBLIC STATE Oft COb.òRAOO NO'TARY ID ·!9914002323 MY COMMIS!l!Ot~ ilXf'l1~5.- S frfiBRUAAY 22. 202; ·-~ 5 6 CERTIFICATE OF SERVICE I hereby certify that on this 29 th day of May, 2018, a true and correct copy of the foregoing OUT OF STATE COUNSEL’S AMENDED SECOND VERIFIED MOTION REQUESTING CONTINUED PRO HAC VICE ADMISSION OF ERIC R. BURRIS 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 19296248