HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 162 - CITY OF FORT COLLINS' MOTION FOR A CONTINUANCEActive/50930339.1
DISTRICT COURT, LARIMER COUNTY,
COLORADO
Court Address: 201 La Porte Avenue
Fort Collins, CO 80521
Phone Number: (970) 494-3500
▲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 Defendant City of Fort Collins:
John W. Mill (#22348)
Rosemary A. Loehr (#52559)
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Phone Number: (303) 297-2900
Email: jmill@shermanhoward.com
Carrie M. Daggett, #23316
John R. Duval, #10185
Fort Collins City Attorney’s Office
300 LaPorte Avenue
Fort Collins, CO 80522-0580
Phone Number: (970) 221-6520
cddaggett@fcgov.com, jduval@fcgov.com
Case No.: 2018CV149
Courtroom/Division: 5B
CITY OF FORT COLLINS’ MOTION FOR A CONTINUANCE
DATE FILED: November 21, 2019 9:28 AM
FILING ID: 1633B0B08757F
CASE NUMBER: 2018CV149
2
Active/50930339.1
Defendant City of Fort Collins (the “City”), by and through its counsel, respectfully
submits the following Motion for a Continuance (the “Motion”) to continue the fee hearing
currently scheduled for November 27, 2019 at 8:30 a.m. to December 13, 2019 at 1:30 p.m.
THE PARTIES’ CONFERRAL
On Thursday, November 14, 2019 counsel for the City e-mailed Mr. Sutherland. See Ex.
A. In that e-mail, counsel communicated to Mr. Sutherland that, in light of his unavailability to
attend the hearing on November 27, 2019, the City was willing to reschedule the hearing for
December 13, 2019 at 1:30 p.m. See id. Mr. Sutherland refused to state whether he would
available on December 13, 2019. See id. The City e-mailed Mr. Sutherland again and requested
that he state whether he would be available on December 13, 2019. See id. Again, Mr.
Sutherland refused to state his availability. See id. Because the City has conferred in good faith
with Mr. Sutherland to reschedule his requested hearing, the City requests that the Court grant
this Motion for a Continuance and reset the fee hearing for December 13, 2019 at 1:30 p.m.
REQUEST FOR CONTINUANCE
Mr. Sutherland has made clear that he will not attend the hearing on attorneys’ fees
currently scheduled to take place on November 27, 2019. On October 6, 2019, Mr. Sutherland e-
mailed counsel for the City. The subject of the e-mail said “Out of town on 11/27” and the body
of the e-mail said “I have business out of town to attend to the week of thanksgiving.” Ex. B, at
5-6. The next day, Mr. Sutherland e-mailed the Clerk of this Court and stated: “Please note that I
have made plans to be out of town the week of November 25th, 2019.” Id. at 2. In response, the
Clerk of this Clerk advised Mr. Sutherland he must file a motion to continue if he wanted to
3
Active/50930339.1
reschedule the hearing. Id. at 1. Mr. Sutherland stated that he would not file a motion for a
continuance. Id.
More recently, Mr. Sutherland filed his combined Motion to Strike Notice of Hearing of
November 27th, 2019 and Vacate Order Granting Plaintiff's Motion for Hearing. In that motion,
Mr. Sutherland asserts that he is not available to attend the November 27, 2019 hearing because
he “previously made plans with his siblings to work through the entire week of Thanksgiving to
take care of the separate estates of two parents, now both deceased.” Mot. at 3.
Recognizing that Mr. Sutherland has a right to a hearing on the City’s Second Motion for
Attorneys’ Fees, the City obtained alternative dates from the Clerk of this Court to hold the fee
hearing. The City then communicated to Mr. Sutherland that the City is able to reset the hearing
for December 13, 2019 at 1:30 p.m. Mr. Sutherland was unwilling to state whether he would be
available. See Ex. A. Given that Mr. Sutherland refuses to work with the City to reschedule the
hearing, the City requests that the Court grant this Motion for a Continuance and reset the fee
hearing for December 13, 2019 at 1:30 p.m.
Dated this 21st November, 2019.
SHERMAN & HOWARD L.L.L.
s/ Rosemary A. Loehr
Rosemary A. Loehr (#52559)
John W. Mill (#22348)
Sherman & Howard L.L.C.
633 Seventeenth Street, Suite 3000
Denver, Colorado 80202
(303) 297-2900
Email: rloehr@shermanhoward.com
jmill@shermanhoward.com
4
Active/50930339.1
CERTIFICATE OF SERVICE
I certify that on the 21st day of November, 2019, a true and correct copy of the foregoing
was filed via Colorado Court’s E-Filing system, and was served on the following:
Eric Sutherland, pro se
3520 Golden Currant Boulevard
Fort Collins, CO 80521
(By email and US Mail)
Eric R. Burris, Esq.
Jesse Daniel Sutz, Esq.
Chloe Mickel, Esq.
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202
(By Colorado Court’s E-Filing)
/s/ Donna L. Fouts
Donna L. Fouts, Legal Secretary