HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 180 - CITY'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S AMENDED MOTION FOR RECONSIDERATIONActive/51304317.1
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)
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
970-221-6520
cddaggett@fcgov.com, jduval@fcgov.com
Case No.: 2018CV149
Courtroom/Division: 3C
CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S AMENDED MOTION FOR RECONSIDERATION OF
ORDER GRANTING FORT COLLINS’ SECOND MOTION FOR ATTORNEYS’
FEES & COSTS
DATE FILED: February 18, 2020 3:57 PM
FILING ID: 244A65396E7CE
CASE NUMBER: 2018CV149
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The City of Fort Collins, by and through its counsel, submits this Unopposed Motion for
Extension of Time to Respond to Plaintiff’s Amended Motion for Reconsideration of Order
Granting Fort Collins’ Second Motion for Attorneys’ Fees & Costs (“Motion”), and states as
follows:1
1. The Court awarded the City an additional $22,779.39 in attorneys’ fees and costs
on January 14, 2020. See Order Granting Fort Collins’s Second Motion for Attorneys’ Fees
(Jan. 14, 2020) (“the Second Fee Order”).
2. Mr. Sutherland filed a motion for reconsideration of the Second Fee Order. See
Amended Motion for Reconsideration of Order Granting Fort Collins’ Second Motion for
Attorneys’ Fees and Costs (Jan. 28, 2020) (“Sutherland’s Motion for Reconsideration”).
3. The City’s response to Sutherland’s Motion for Reconsideration is due today,
February 18, 2020.
4. The City requests a two-week extension of time, to and including March 3, 2020,
to file its response to Sutherland’s Motion for Reconsideration.
5. Good grounds exist for the requested extension. The City, Mr. Sutherland and the
Timnath Development Authority currently are engaged in settlement negotiations regarding this
matter. Granting the requested extension would allow the parties to focus on potential settlement
instead of further briefing on Sutherland’s Motion for Reconsideration. This would save time,
effort and expense, and may eliminate the need for the Court to expend judicial resources
addressing Sutherland’s Motion for Reconsideration.
1 Pursuant to C.R.C.P 121, § 1-15, the City’s counsel conferred with Mr. Sutherland regarding
this Motion. Mr. Sutherland does not oppose this request for a two week extension of time.
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6. The City believes two weeks is a reasonable period of time to allow the parties to
either finalize a settlement if possible, or if not allow the City to prepare its response to
Sutherland’s Motion for Reconsideration.
7. Therefore, the City requests that the Court grant this Motion.
Dated this 18th day of February, 2020
SHERMAN & HOWARD L.L.C.
By: /s/ John W. Mill
John W. Mill (#22348)
633 17th Street, Suite 3000
Denver, CO 80202
Telephone: (303) 297-2900
Email: jmill@shermanhoward.com
ATTORNEYS FOR DEFENDANT
CITY OF FORT COLLINS
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CERTIFICATE OF SERVICE
I hereby certify on the 18th day of 2020, that a true and correct copy of the foregoing
CITY OF FORT COLLINS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S AMENDED MOTION FOR RECONSIDERATION OF
ORDER GRANTING FORT COLLINS’ SECOND MOTION FOR ATTORNEYS’
FEES & COSTS was served via Colorado E-filing system, upon the following:
Chloe Mickel, Esq.
Jesse D. Sutz, Esq.
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202
Eric R. Burris, Esq.
Brownstein Hyatt Farber Schreck, LLP
201 Third Street NW, Suite 1800
Albuquerque, NM 87102
And by email and U.S. Mail on:
Mr. Eric Sutherland
3520 Golden Currant Boulevard
Fort Collins, CO 80521
(By email and U.S. Mail)
/s/ Rebecca Janzen
Rebecca Janzen, Legal Assistant