HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 184 - ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATIONDistrict Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
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Plaintiff: Eric Sutherland
v.
Defendants: The City of Fort Collins, et al.
Case Number: 2018CV149
Courtroom: 5B
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION
On January 14, 2020, the Court issued its Order Granting Fort Collins’s Second
Motion for Attorneys’ Fees & Costs. The Plaintiff filed a motion for reconsideration on
January 27, 2020. An amended motion followed the next day. The City of Fort Collins
responded on March 3, 2020. No reply was filed. Having considered the Motion,
Response, and applicable law, the Court finds and orders as follows:
A motion for reconsideration is disfavored. C.R.C.P. 121 § 1-15(11). Such a
motion will only be granted if “a manifest error of fact or law [] clearly mandates a
different result or other circumstance[s] result[] in manifest injustice.” Id.
As a threshold matter, the Court notes that the Plaintiff wants it to reconsider not
only the January 14, 2020 Order, but also its first order granting attorneys’ fees to the
City of Fort Collins that was issued on April 2, 2019. This dual request is improper. A
motion for reconsideration must be filed “within 14 days from the date of the order,
unless the party seeking reconsideration shows good cause for not filing within that
time.” Id. The Motion is timely as to the January 14, 2020 Order, but untimely without
good cause as to the April 2, 2019 Order. Therefore, the Court will not reconsider the
April 2, 2019 Order.
The Court finds there was no manifest error of fact or law in its January 14, 2020
Order that clearly mandates a different result. The Court further finds that manifest
injustice will not result from the Order.
DATE FILED: April 2, 2020 10:14 AM
CASE NUMBER: 2018CV149
2
The Plaintiff’s Motion for Reconsideration is denied.
Dated: April 2, 2020. BY THE COURT:
__________________________
Gregory M. Lammons
District Court Judge