HomeMy WebLinkAbout2018CV220 - STACY LYNNE V. NOAH BEALS, SENIOR PLANNER, AND JEREMY CALL - 036 - EMERGENCY MOTION FOR DELAY OF HEARING ON ATTORNEY FEES SCHEDULED FOR MONDAY, AUGUST 5, 2019DISTRICT COURT
Latimer County, Colorado
201 LaPorte Avenue
Fort Collins, Colorado 80521
PLAINTIFF: Stacy Lynne
V.
DEFENDANTS:
Noah Beals, Senior Planner, City of Fort Collins:
in his individual and official capacity
Jeremy Call, Senior Associate — Logan Simpson
Design, Contractor for the City of Fort Collins:
in his individual and official capacity
Stacy Lynne
305 West Magnolia Street #282
Fort Collins, Colorado 80521
970-402-1582
stacy_lynne@con-icast.net
1119 AUG -2 AN I1: 146
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COURT USE ONLY
Case Number:
18CV220
Division:
3C
Courtroom:
Jouard
EMERGENCY MOTION FOR DELAY OF HEARING ON ATTORNEY FEES
SCHEDULED FOR MONDAY, AUGUST 5, 2019
Plaintiff Stacy Lynne states the following in support of this motion
1. Kimberly Schutt, attorney for Defendant Noah Beals, filed a motion claiming additional
attorney fees only three days prior to the hearing. Ms. Schutt emailed the motion to Ms.
Lynne because actual service of the motion will not occur until after the hearing is
complete. Ms. Lynne is not an attorney and therefore, she cannot receive or file court
documents electronically. Furthermore, service of documents by attorneys to Ms. Lynne
are technically required to be completed via LISPS. Because Ms. Schutt waited so long to
file the motion for additional fees, service cannot possibly be made per the rules.
This hearing on attorney fees was not a last-minute decision. Ms. Schutt has been aware
of the chosen date for many weeks. But Schutt waited so long to file that Ms. Lynne only
has two business days before the hearing to prepare.
2. Kimberly Schutt, attorney for Defendant Noah Beals, emailed Ms. Lynne on August 1,
2019, to disclose an expert witness for the hearing on attorney fees that is scheduled for
August 5, 2019. Ms. Schutt's late disclosure of an expert witness leaves Ms. Lynne only
one business day to prepare for the expert witness.
This hearing on attorney fees was not a last-minute decision. Ms. Schutt has been aware
of the chosen date for many weeks. But Schutt waited until one business day before the
hearing to disclose an expert.
Ms. Lynne has participated in two interviews with the Colorado Supreme Court Office of
Attorney Regulation regarding Kimberly Schutt's difficulties with the law and
procedures. A third official complaint will be filed on Friday, August 2, 2019. Based on
discussions with the investigator who handled the prior complaints against Ms. Schutt, on
Monday, August 5, 2019, Ms. Lynne will be filing a motion for sanctions against Ms.
Schutt with this district court.
4. New evidence in this case, in the form of video statements by a city employee, is
explosive and warrants a meeting between Ms. Schutt, the City of Fort Collins, and
Plaintiff Stacy Lynne. The goal of said meeting is to put an end to the defamatory
campaign that the City of Fort Collins is now (and has been since February 2018)
engaging in against Ms. Lynne. It is likely that if Ms. Schutt and the City of Fort Collins
view this new evidence during a meeting with Ms. Lynne, then Lynne v. Beals will be
resolved between the parties, even at this late date, and in spite of the fact that an appeal
has already been filed.
TO BE CLEAR:
1. Ms. Lynne is in no way responsible for Ms. Schutt's tardiness in filing late motions
and disclosures.
2. Ms. Lynne is in no way responsible for Ms. Schutt's difficulties in following laws and
procedures.
3. Ms. Lynne believes that meeting with the City of Fort Collins and Ms. Schutt
regarding this explosive new evidence will compel the City of Fort Collins to resolve
Lynne v. Beals.
4. Ms. Lynne receives court documents via USPS and not electronically because she is
not an attorney. The Eighth Judicial Court Administrator, Janelle Brunin, call verify
that many times, service of documents can take between seven and 14 days. If this
EMERGENCY MOTION TO DELAY is granted, please email Ms. Lynne at
stacy_lynne@comcast.net and/or call her at 970-402-1582 so that she can be
informed about the ruling on the status of the hearing on Monday, August 5, 2019.
Respectfully filed on Friday, August 2, 2019.
Stacy Lynne
CERTIFICATE OF SERVICE
I certify that on Friday, August 2, 2019, a true and accurate copy of the foregoing
EMERGENCY MOTION FOR DELAY OF HEARING ON ATTORNEY FEES
SCHEDULED FOR MONDAY, AUGUST 5, 2019 was filed with the clerk and served via
hand -delivery to:
Kimberly Schutt
Wick & Trautwein, LLC
323 South College Avenue
Fort Collins, Colorado 80522
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