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HomeMy WebLinkAbout2019CV30889 - ADAM WIEMOLD V. CITY OF FORT COLLINS - 004 - ORDER RE RESPONSE TO ORDER TO SHOW CAUSEPage1 of1 DISTRICT COURT, LARIMER (FT COLLINS) COUNTY, COLORADO Court Address: 201 Laporte Avenue, Suite 100, Fort Collins, CO, 80521 Petitioner(s) ADAM WIEMOLD v. Respondent(s) PEOPLE OF THE STATE OF COLORADO COURT USE ONLY Case Number: 2019CV30889 Division: 5A Courtroom: Order: Response to Order to Show Cause The motion/proposed order attached hereto: REVIEWED. The Court has reviewed the Response to the Order to Show Cause and finds that Petitioner/Appellant has diligently undertaken his obligations regarding securing the record in this case. The Court will not dismiss the appeal, and directs Petitioner/Appellant to file an updated status report within 35 days of the date of this Order in the event that the record (including the transcript) has not been filed by that time. Issue Date: 12/19/2019 JULIE KUNCE FIELD District Court Judge DATE FILED: December 19, 2019 9:52 AM CASE NUMBER: 2019CV30889 1 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. Attachment to Order - 2019CV30889 2 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. Attachment to Order - 2019CV30889 3 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 Attachment to Order - 2019CV30889 4 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 Attachment to Order - 2019CV30889