HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 172 - MOTION TO ISSUE WRIT OF EXECUTIONDISTRICT 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 Defendants/Judgment Creditors: 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
Emails: cmickel@bhfs.com; jsutz@bhfs.com
Case Number: 18CV149
Division:
MOTION TO ISSUE WRIT OF EXECUTION
Defendants The Timnath Development Authority (“TDA”) and Compass Mortgage
Corporation (“Compass”), by and through counsel, submit the following Motion to Issue Writ of
Execution.
DATE FILED: January 15, 2020 9:05 AM
FILING ID: 99A60A34390D1
CASE NUMBER: 2018CV149
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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 opposes 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. The fourteen-day automatic stay on execution imposed by C.R.C.P. 62 has lapsed.
3. On December 21, 2018, Compass assigned its rights to all sums awarded to it
pursuant to the Judgment to TDA.
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. On July 18, 2019, TDA submitted a Motion to Reissue a Writ of Execution
pursuant to C.R.C.P. 69(a).
7. On the same day, this Court granted TDA’s Motion to Reissue a Writ of
Execution, issuing the writ, and granting ninety days to satisfy the judgment.
8. This ninety-day period expired on October 27, 2019.
9. TDA now seeks to enforce its final money judgment through a writ of execution,
in accordance with C.R.C.P. 69(a).
WHEREFORE, TDA and Compass respectfully request that this Court direct its Clerk to
issue the attached proposed Writ of Execution.
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DATED this 15
th
day of January, 2020.
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/Judgment Creditors The Timnath
Development Authority and Compass Mortgage Corporation
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CERTIFICATE OF SERVICE
I hereby certify that on this 15
th
day of January, 2020, a true and correct copy of the
foregoing MOTION TO ISSUE 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 Email and 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
20149105