HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 163A - EXHIBIT A1
Loehr, Rosemary Ann
From: Eric Sutherland <sutherix@yahoo.com>
Sent: Monday, October 07, 2019 12:11 PM
To: miller, alyson
Cc: Loehr, Rosemary Ann; Mill, John W.
Subject: Re: Out of town on 11/27
Ms. Miller,
Because the case is suspended, I will not file a motion to reschedule.
Furthermore, there is no need to file a motion because the proceeding was suspended prior to the conference
and filing of the Notice of Hearing.
I do not expect any of this correspondence to be a part of the record. I am writing exclusively for the purposes
of ensuring that there is no confusion about the requirements of the rules and that scheduling of the court is not
affected by misunderstandings.
Eric Sutherland
Those rules are not mere technicalities; they have a purpose:
[R]easonable adherence to clear, reasonable and known rules of procedure is essential to the
administration of justice.... [T]he administration of justice involves not only meticulous disposition of the
conflicts in one particular case but the expeditious disposition of hundreds of cases. If the courts must
stop to inquire where substantial justice on the merits lies every time a litigant refuses or fails to abide the
reasonable and known rules of procedure, there will be no administration of justice. Litigants must be
required to cooperate in the efficient disposition of their cases.
United States v. Seigel, 168 F.2d 143, 146 (D.C.Cir.1948) cited in O'Quinn v Baca
On Monday, October 7, 2019, 11:46:54 AM MDT, miller, alyson <alyson.miller@judicial.state.co.us> wrote:
Mr. Sutherland,
Thank you for the email. If you are asking to reschedule, you need to file a motion to continue. It is not proper for me to upload this
email correspondence into the case.
Thanks,
EXHIBIT A
DATE FILED: November 21, 2019 9:36 AM
FILING ID: 53F7D0B1E3FA9
CASE NUMBER: 2018CV149
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Alyson Miller
Court Judicial assistant
Larimer district court
Courtroom 5b – judge lammons
970-494-3810
From: Eric Sutherland <sutherix@yahoo.com>
Sent: Monday, October 07, 2019 11:42 AM
To: miller, alyson <alyson.miller@judicial.state.co.us>
Cc: Rosemary Ann Loehr <rloehr@shermanhoward.com>; John W. Mill <jmill@shermanhoward.com>
Subject: Fw: Out of town on 11/27
re: case no. 2018CV149
Ms. Miller,
Please note that I have made plans to be out of town the week of November 25th, 2019.
I believe I made my position clear during the telephone conference of Oct. 1, 2019. The proceeding was
suspended upon filing the Rule 97 motion. I intend to follow the Rules of Civil Procedure and expect that the
Rules will be followed by others including the district court.
Below, please find correspondence between myself and attorneys for the City of Fort Collins regarding this
issue.
Eric Sutherland
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----- Forwarded Message -----
From: Eric Sutherland <sutherix@yahoo.com>
To: Loehr, Rosemary Ann <RLoehr@shermanhoward.com>; John W. Mill <jmill@shermanhoward.com>; Carrie Daggett
<cdaggett@fcgov.com>
Sent: Monday, October 7, 2019, 10:37:54 AM MDT
Subject: Re: Out of town on 11/27
Ms. Loehr,
You are incorrect. Rule 97 requires that all proceedings be suspended upon the filing of a motion for
disqualification pursuant to Rule 97.
You were aware that the motion had been filed. The clerk was aware that the motion had been filed. The
proceeding had been suspended. I attended the telephonic conference for one purpose: to ensure that the court
and the other parties were aware of the motion, rule and suspension of the proceeding. I stated as much in the
conference.
I am not surprised to learn that you are now deliberately disregarding the Rules of Civil Procedure. You
previously violated Rule 11 by filing a pleading that contained a statement that you knew was false on a matter
of significant importance. You took no action to correct the false statement after it was brought to your
attention.
Your filing of a Notice of Hearing into a proceedng that you knew to be suspended is a violation of the Rules of
Civil Procedure. The
I have condemned the practice of the Office of the City Attorney of the City of Fort Collins for routinely
misinforming Council on legal matters. Despite this condemnation, this injurious and unacceptable practice
continues. Just last week John Duvall elected to misinform Council once again on the legality of the practice
of creating several Title 32 special districts with a single service plan. This practice creates absurd
results. This practice is only utilized to disenfranchise and abridge the rights of others by virtue of the absurd
results created.
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The instant matter arose because the City Attorney deliberately misinformed Council on the propriety of
adopting an ordinance in other than a regular meeting. This action was inconsistent with the Charter. The
Charter is to be strictly construed. The City Attorney had been informed that the action was improper but told
Council that "it would defy parliamentary procedure" to conduct an EUEB meeting during a council
meeting. Yet, the Council did not take an oath to abide by parliamentary procedure. the Council took an oath
to abide by the Charter. Our courts do not enforce parliamentary procedure. Our courts do ensure compliance
with rule of law.
In short, Ms. Loehr, you are violating the rules that governs the activities of licensed attorneys in Colorado for
the benefit of a sub-division of state government that frequently disregards the law. You are doing so despite
written objectioins to this practice.
At this time, I feel confident that I would prevail on appeal in the matter of the second request for attorneys fees
if Judge Lammons does not disqualify based soley on the refusal to disqualify. The facts stated in the motion
and affidavit are more than what is required under case law to require disqualifiaction. No party is obliged to
continue submission to the decisions of a judicial official that is clearly bent of mind against a party when
overwelming evidence exists to show that the party can not expect a fair and impartial adjudication of the
matter.
That said, please note that I only enumerated grounds for disqualification that pertained to the instant case. I
was selective in this approach to the exclusion of other grounds.
I suggest that you do yourself a favor and retract your false statement and your errant Notice of Hearing as soon
as the Rules allow you to do so.
I will write to Ms. Miller and explain the Rules once again to her as well as my need to attend to matters during
the week of Nov. 25th.
Eric Sutherland
On Monday, October 7, 2019, 09:14:07 AM MDT, Loehr, Rosemary Ann <RLoehr@shermanhoward.com> wrote:
Mr. Sutherland,
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As you recall, on Tuesday, October 1, 2019, you attended a telephonic hearing with myself, Mr. Duval, and the Clerk for Judge
Lammons. The purpose of that call was to schedule a mutually agreeable time to hold the hearing that you requested. During that call,
you did not state that you would be unavailable on November 27, 2019. And so, the hearing you requested has been set for November
27, 2019. The City followed the Rules of Civil Procedure during the telephonic hearing and this hearing has been properly set by the
Court.
If you now are unavailable, it is your responsibility to notify the Court as soon as possible and request that the Court reschedule the
hearing.
The City will attend the hearing on November 27, 2019 unless and until the Court vacates the hearing. The City will also refrain from
making any plans that would render it unavailable to attend the November 27, 2019 hearing unless and until the hearing is vacated.
Thanks,
Rosemary
Rosemary A. Loehr - Associate
633 Seventeenth Street, Suite 3000, Denver, Colorado 80202
Direct: 303.299.8162
rloehr@shermanhoward.com | www.shermanhoward.com
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From: Eric Sutherland [mailto:sutherix@yahoo.com]
Sent: Sunday, October 06, 2019 3:21 PM
To: Mill, John W. <JMILL@shermanhoward.com>; John Duval <jduval@fcgov.com>; Loehr, Rosemary Ann
<RLoehr@shermanhoward.com>
Subject: Out of town on 11/27
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I have business out of town to attend to the week of thanksgiving.
Please follow the Rules of Civil Procedure.