HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 185C - EXHIBIT CDISTRICT COURT, LARIMER COUNTY, COLORADO
Court Address: 201 LaPorte 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.
Case No.: 2018CV149
Courtroom/Division: 3C
SETTLEMENT ORDER
On April 9th, 2020, the Plaintiff Eric Sutherland (“Sutherland”), the Defendant City of Fort
Collins (“Fort Collins”), the Defendant the Timnath Development Authority (the “TDA”) and
Defendant Compass Mortgage Corporation (“Compass”) filed with the Court their Stipulated
Motion for Settlement Order asking the Court to issue this Settlement Order to resolve all disputes
between Sutherland, Fort Collins, the TDA and Compass (collectively, the “Parties”) in accordance
with the terms and conditions of the Settlement Agreement attached as Exhibit “A” to the Stipulated
Motion for Settlement Order (“Settlement Agreement”). The Court hereby grants the Stipulated
Motion for Settlement Order, and in doing so:
IT IS HEREBY ORDERED THAT,
1. The Settlement Agreement is incorporated into this Settlement Order and the Parties
shall comply with all applicable terms and conditions of the Settlement Agreement.
2. When Senior District Court Judge J. Robert Lowenbach timely issues in Larimer County
District Court Case No. 18CV30567 the “Second Lawsuit Settlement Order,” as contemplated in
Section II.B. of the Settlement Agreement, the following orders shall go into effect:
A. All of Sutherland’s causes of actions and claims asserted in this action against
Fort Collins, the TDA and Compass are dismissed with prejudice;
DATE FILED: April 9, 2020 1:42 PM
FILING ID: C95CDA4C6D3D4
CASE NUMBER: 2018CV149
2
B. The TDA’s counterclaims against Sutherland previously dismissed without
prejudice by the Court in its March 15, 2019, order, are dismissed with prejudice; and
C. Each of the Parties shall be responsible for their own costs and attorney fees.
3. This Court shall retain jurisdiction to enforce the Settlement Agreement and this
Settlement Order.
4. In the event Judge Lowenbach does not issue the “Second Lawsuit Settlement Order”
within 21 calendar days as contemplated in Section II.B. of the Settlement Agreement or if for any
reason the Second Lawsuit Settlement Order has not been issued on or before June 15, 2020, this
Settlement Order shall be deemed vacated by the Court and no longer in effect and this action shall
thereafter proceed as if this Settlement Order had not been issued.
Date: BY THE COURT:
___________________
Gregory M. Lammons
District Court Judge