HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 154 - ORDER GRANTING PLAINTIFF'S MOTION FOR A HEARING1
District Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
▲ COURT USE ONLY ▲
Plaintiff: Eric Sutherland
v.
Defendants: The City of Fort Collins, et al.
Case Number: 2018CV149
Courtroom: 5B
ORDER GRANTING PLAINTIFF’S MOTION FOR A HEARING
The City of Fort Collins filed its Second Motion for Attorneys’ Fees & Costs on
July 25, 2019. On August 16, the Plaintiff filed a motion requesting a hearing on the
City’s motion. On September 5, the City filed its response to the Plaintiff’s request for a
hearing. The Plaintiff is entitled to a hearing. See In re Marriage of Aldrich, 945 P.2d
1370, 1380 (Colo. 1997). However, the Plaintiff is not entitled to a rehearing on issues
already decided.
The Plaintiff’s “new theory of law” claim has been fully litigated and will not be
the subject of the hearing. The Court orders that the hearing is limited in scope to the
reasonableness and necessity of the fees requested in the City’s July 25 motion.
The City should file a Notice to Set Hearing on their Motion no later than September
20, 2019.
Settings may be scheduled any Tuesday or Wednesday at 1:15 p.m. The Division
Clerk will initiate the call to the Parties/Attorneys. If you have any questions regarding
setting procedures, please call Alyson Miller, Division Clerk, at (970) 494-3810.
Dated: September 6, 2019. BY THE COURT:
__________________________
Gregory M. Lammons
District Court Judge
DATE FILED: September 6, 2019
CASE NUMBER: 2018CV149