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HomeMy WebLinkAbout2018CV01 - Sutherland V. City Of Fort Collins, Et Al - 009 - Order On RecusalFort Collins Municipal Court, Larimer County, Colorado Court Address-, 215 N. Mason St., 1 '-1 floor P.O. Box 580 Fort Collins. CO 80522 • COURT USE ONLY Court Phone: 970-221-6800 Civil Case No.: PLAINTIFFS: Eric Sutherland; J&M Distributing, DBA Fort Collins Muffler and Automotive 2018-CIVIL01 ►IVA DEFENDANTS: THE CITY COUNCIL OF THE CITY OF FORT COLLINS, the governing body of a Colorado municipal corporation; and THE ADMINISTRATION BRANCH OF THE CITY OF FORT COLLINS, by and through its City Manager, Darin Atteberry ORDER ON RECUSAL This matter comes before the Court upon motion of the Plaintiffs pursuant to C.R.C.P. 97. The Court having reviewed the pleadings filed, the motion in support and response filed by Defendants FINDS AND ORDERS as follows: The Court agrees that procedural matters may be resolved while a disqualification motion is pending, but given the current posture of this case, any ruling on acceptance of the response to motion to dismiss or leave to fife such response would have an impact on the Plaintiffs substantive rights as it may make the ultimate granting or denial of the motion to dismiss more or less likely. Accordingly, the Court will not address the procedural issues at this time. It is necessary to review the current C.R.C.P. 97 motion in the context of the unique circumstances of the municipal court and other pending litigation in district court. The legal authority cited by both Plaintiffs and Defendants, while correct, does not address the unique circumstances in this situation. The Court can conclude it has no bias or prejudice towards any of the parties or a personal interest in the outcome of the proceedings. Therefore, if the sole purpose of C.R.C.P. 97