Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 181

Filed 07/04/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-CV-02163-PAC-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. El PASO GOLD MINES, INC. (a.k.a., EL PASO PROPERTIES, INC.) Defendant. ______________________________________________________________________________ UNOPPOSED MOTION TO VACATE SETTLEMENT CONFERENCE SET FOR JULY 11, 2006 ______________________________________________________________________________

Plaintiffs Sierra Club and Mineral Policy Center (also known as Earthworks) hereby file this Unopposed Motion to Vacate Settlement Conference Set for July 11, 2006. In support, Plaintiffs state as follows: I. 1. BASIS FOR MOTION

This Court set a settlement conference for July 11, 2006. Settlement letters must

be filed with the Court and exchanged between the parties by July 6, 2006. A Final Pretrial Conference is scheduled for August 21, 2006 and a Final Trial Preparation Conference is set for September 25, 2006. This case is scheduled for a bench trial beginning October 30, 2006. 2. On June 30, 2006 the parties filed the following motions: Defendant's Motion to

for Judgment based on collateral estoppel; Defendant's Motion to Exclude Expert Opinions;

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Case 1:01-cv-02163-BNB-MEH

Document 181

Filed 07/04/2006

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Plaintiffs' Motion to Exclude Expert Opinions; and, Plaintiffs Motion for Site Inspection. The responses to these motions are due on July 20, 2006. 3. Plaintiffs request that the settlement conference set for July 11, 2006 be vacated

for the following reasons. First, the outcome of the pending motions may have a significant impact on the settlement positions of the parties. It is likely that the pending motions will need to be resolved before the parties are able to accurately assess the prospects of settlement and likelihood of success at trial. Therefore, in light of the recent filing of these motions, a July 11, 2006 settlement conference appears to be premature. Second, the parties will have to expend significant time and resources to respond to the June 30, 2006 motions. The proposed settlement conference will interfere with the time necessary to research and prepare responses to the June 30, 2006 motions. It would also inform the parties' settlement positions to be able to conclude their research and written responses to the June 30, 2006 motions prior to a settlement conference. Thus, the July 11, 2006 settlement conference is again premature and conflicts with other obligations in this case that have a bearing on settlement. Accordingly, Plaintiffs respectfully request that the Court vacate the July 11, 2006 settlement conference. Instead, Plaintiffs propose that the Court re-set a settlement conference for early October 2006, at which time the trial conferences will have been completed and the pending motions may have been resolved. II. CERTIFICATION OF COMPLIANCE WITH LOCAL RULE 7.1A The undersigned certifies that he consulted with Defendant's counsel and Defendant does not oppose this Motion. 2

Case 1:01-cv-02163-BNB-MEH

Document 181

Filed 07/04/2006

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Respectfully submitted by, July 4, 2006 s/ John Barth _________________________ John M. Barth, #22957 Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 Roger Flynn, Esq. # 21078 Jeffrey C. Parsons, Esq. #30210 WESTERN MINING ACTION PROJECT 2260 Baseline Road, Suite 101A Boulder, CO 80302 (303) 473-9618 COUNSEL FOR PLAINTIFFS CERTIFICATE OF SERVICE I do hereby certify that on this 4thth day of July 2006 a true and accurate copy of PLAINTIFFS' MOTION TO VACATE SETTLEMENT CONFERENCE SET FOR JULY 11, 2006 was filed with the Electronic Case Filing system which is then to serve the same on the following by electronic means: Steve Harris Merrill Anderson & Harris 20 Boulder Crescent Colorado Springs, CO 80903-3300 [email protected] Connie King Law Firm of Connie King, LLC 4711 Constitution Ave. Colorado Springs, CO 80915 [email protected] s/ John Barth __________________________ John Barth 3