HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 147 - MOTION TO REISSUE WRITDISTRICT 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
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: 18CV149
Division:
MOTION TO REISSUE WRIT OF EXECUTION
Defendants The Timnath Development Authority (“TDA”) and Compass Mortgage
Corporation (“Compass”), by and through counsel, submit the following Motion to Reissue Writ
of Execution.
DATE FILED: July 18, 2019 10:21 AM
FILING ID: ADD770A55F3A4
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 takes no position on 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. The fourteen-day automatic stay on execution imposed by C.R.C.P. 62 has lapsed.
4. On April 25, 2019, TDA submitted a Motion to Issue a Writ of Execution
pursuant to C.R.C.P. 69(a).
5. On April 29, 2019, this court granted TDA’s Motion to Issue a Writ of Execution,
issuing the writ, and granting ninety days to satisfy the judgment.
6. This ninety-day period expires on July 28, 2019.
7. Accordingly, TDA seeks to reissue a writ for a successive ninety-day time period,
beginning on July 29, 2019, and expiring on October 27, 2019.
WHEREFORE, TDA and Compass respectfully requests that this Court direct its Clerk to
reissue the attached proposed Writ of Execution.
DATED this 18
th
day of July, 2019.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By: s/Jesse D. Sutz
Eric R. Burris, admitted pro hac vice
Chloe Mickel, #50437
Jesse D. Sutz, #52395
Attorneys for Defendants The Timnath Development Authority and
Compass Mortgage Corporation
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CERTIFICATE OF SERVICE
I hereby certify that on this 18
th
day of July, 2019, a true and correct copy of the
foregoing PLAINTIFFS’ MOTION TO REISSUE 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