HomeMy WebLinkAbout2019CV30889 - ADAM WIEMOLD V. CITY OF FORT COLLINS - 003 - RESPONSE TO ORDER TO SHOW CAUSE1
LARIMER COUNTY DISTRICT COURT
201 LAPORTE AVENUE, SUITE 100
FORT COLLINS, COLORADO 80521
COURT USE ONLY
Appeal from the Fort Collins Municipal Court
The Honorable Judge Kathleen M. Lane
Case No. 2018-0240752-MD
Defendant-Appellant:
ADAM WIEMOLD
v.
Plaintiff-Appellee:
PEOPLE OF THE STATE OF COLORADO
Adam Frank
FRANK AND SALAHUDDIN LLC
1741 High Street, Denver, CO 80218
adam@fas-law.com
Phone: 303-974-1084
Fax: 303-974-1085
Attorney Registration Number: 38979
In cooperation with the ACLU of Colorado
Case Number: 2019CV30889
RESPONSE TO ORDER TO SHOW CAUSE
Mr. Wiemold, through counsel, hereby shows cause why his appeal should not be dismissed:
1. Mr. Wiemold paid the advance costs of preparing the transcripts and the additional record
on October 7, 2019.
DATE FILED: December 18, 2019 9:51 AM
FILING ID: BDCE7AB0442BC
CASE NUMBER: 2019CV30889
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2. Mr. Wiemold has also been in contact with the court reporter who is responsible for
preparing the transcripts necessary for this appeal. First, on November 18, 2019, Mr.
Wiemold learned that the court reporter needed two additional weeks to complete the
transcript.
3. Then, on December 11, 2019, Mr. Wiemold learned that the court reporter was almost
finished preparing the necessary transcripts but had suffered a death in her family as well as
other issues that would delay the completion of the transcripts.
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4. In sum, Mr. Wiemold has fulfilled the statutory requirements that were the subject of this
Court’s show cause order and has diligently stayed on top of the preparation of the record.
The delay in preparing the record so that the appeal can move forward is not due to any
fault of Mr. Wiemold’s. He asks that this Court find that he has shown cause as to why this
Court should not dismiss his pending appeal for failure to prosecute.
Dated: December 18, 2019
Adam Frank, #38979
FRANK & SALAHUDDIN LLC
In Cooperation with the ACLU of Colorado
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Certificate of Service
I hereby certify that on December 18, 2019, I served a true and correct copy of the foregoing
electronically via the CCE e-filing system upon the trial court, as well as the following individuals,
either directly through CCE or via email:
Jill Heuser
For Collins City Attorney
jhueser@fcgov.com
Fort Collins Municipal Court Clerk
court@fcgov.com
______________________
Adam Frank
FRANK AND SALAHUDDIN LLC
Attorney for Defendant-Appellant