Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cv-02403-WDM-OES

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Filed 07/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02403-WDM-OES

WILLIAM H. WESSON, Plaintiff, v. THE HOPE MINING, MILLING AND LEASING COMPANY, et al., Defendants.

______________________________________________________________________________ JOINT MOTION TO CONTINUE ADMINISTRATIVE CLOSURE ______________________________________________________________________________ Plaintiff and Defendant United States of America, in the above captioned case, through their undersigned attorneys, Gary A. Wright and William J. Leone, Acting United States Attorney and Roxane J. Perruso, Assistant United States Attorney, respectively, request the Court to grant the Parties' Joint Motion to Continue Administrative Closure, and continue the administrative closure of this case until 31 December 2006.

1.

This case has been administratively closed since 26 March 2002. See Orders for

Administrative Closure entered 26 March 2002, 31 July 2003, and 14 July 2004.

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2.

This case was one of 51 cases simultaneously filed on 30 November 2000. Of the 51 total

related cases filed, 43 were initially stayed because of the overly burdensome effects of litigating 51 cases, and on the presumption that litigating eight representative cases could obviate the need for litigating the other 43. See Joint Motion to Administratively Close Cases. 3. Of the original eight cases that were not closed, six were litigated and decided on

summary judgment in favor of the Defendant United States entered on 30 June 2004. 4. The six litigated cases for which summary judgment was granted have been appealed to

the United States Tenth Circuit Court of Appeals, and at the time of the filing of this motion, four of the six cases have been fully briefed. 5. Of the two remaining cases pending before the United States Tenth Circuit Court of

Appeals, briefing in the fifth case is expected to be complete on 28 July 2005, and it is anticipated that the sixth case will be the subject of a settlement agreement. 6. The United States Tenth Circuit Court of Appeals is not expected to rule on these cases

until the fall of 2006, at the earliest. 7. Therefore, the Parties believe that good cause exists and it is in the best interest of the

Parties and the Court to continue the effective date of the administrative closure of the abovecaptioned case for an additional seventeen months, until 31 December 2006. 8. The Parties understand and intend that the administrative closure of this case does not

foreclose further litigation of this case, and that this administratively closed case may be reopened upon motion by either party. 9. A proposed form of order is attached.

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Request for Relief: WHEREFORE, the Parties respectfully request that the Court grant their Joint Motion to Continue Administrative Closure through 31 December 2006, for the above captioned case.

Respectfully submitted this 27th day of July, 2005.

WILLIAM J. LEONE ACTING UNITED STATES ATTORNEY s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office, Civil Division 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0404 [email protected] Counsel for the United States

WRIGHT & LASALLE, LLP

s/Gary A. Wright Gary A. Wright 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625 Facsimile: (970) 925-5663 [email protected] Counsel for the Plaintiff

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on 27 July 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Roxane J. Perruso, Esq. Assistant United States Attorney [email protected] s/ Gary A. Wright Gary A. Wright Counsel for the Plaintiff 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625 [email protected]

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