Fortner et al v. USA et al
Filing
521
ORDER: 515 MOTION for Extension of Time to file is STRICKEN, 516 Unopposed MOTION to Withdraw As Attorney of Record is GRANTED, 518 MOTION to Enforce Settlement is set for hearing on 1/7/13 at 9:00 a.m. in Courtroom A401 Magistrat e Judge Boyd N. Boland, reply may be submitted on or before 12/24/12. Exhibits to be introduced at the hearing are to be hand delivered to the Court on or before 1/3/13 at 5:00 p.m.. Trial set for 1/7/13 is VACATED. by Magistrate Judge Boyd N. Boland on 12/17/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Case No. 06-cv-02148-BNB-MEH
DARRELL FORTNER, and
JENNIFER FORTNER, d/b/a/ Diamond/Dundee Tree Service,
Plaintiffs,
v.
THE CITY OF COLORADO SPRINGS,
MAYOR LIONEL RIVERS, individually and in his official capacity as Mayor of Colorado
Springs, CO,
KATHRYN YOUNG, individually and in her official capacity as City Clerk of Colorado
Springs, CO,
DARRELL PEARSON, individually and in his official capacity as City Forrester of Colorado
Springs, CO,
JAMES A. CHOATE, in his individual capacity,
TERRY MAKETA, in his individual capacity,
JAMES E. MCGANNON, individually and in his official capacity as City Forrester for the City
of Colorado Springs, CO,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)
Plaintiffs’ [Pro Se] Motion for Substitution of Attorney, Motion for
Extension of Time to File Plaintiff’s Motion In Limine, and Motion to Reset the Trial Date
[Doc. # 515, filed 12/11/2012] (the “Pro Se Motion”);
(2)
Unopposed Motion to Withdraw as Attorney of Record [Doc. # 516, filed
12/11/2012] (the “Motion to Withdraw”); and
(3)
City Defendants’ Motion to Enforce Settlement Agreement [Doc. # 518, filed
12/12/2012] (the “Motion to Enforce Settlement”).
I held a hearing on these motions this morning and made rulings on the record. For the
reasons stated on the record:
IT IS ORDERED:
(1)
The Pro Se Motion [Doc. # 515] is STRICKEN;
(2)
The Motion to Withdraw [Doc. # 516] is GRANTED. Erhard Fitzsimmons of
Erhard Fitzsimmons, P.C., is relieved of any continuing responsibility in the case. Darrell and
Jennifer Fortner may proceed pro se, but they are cautioned that they personally are responsible
for complying with all applicable rules and court orders;
(3)
The Motion to Enforce Settlement [Doc. # 518] is set for an evidentiary hearing
on January 7, 2013, at 9:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States
Courthouse, 901 19th Street, Denver, Colorado. The parties shall be prepared to present
evidence at that time. The County Defendants may reply in support of the Motion to Enforce
Settlement on or before December 24, 2012. The parties shall submit to the court and serve by
hand delivery on or before January 3, 2013, at 5:00 p.m., all exhibits they plan to introduce at the
hearing; and
(4)
The trial set to begin on January 7, 2013, is VACATED, to be reset at a later date.
Dated December 17, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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