Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cv-02395-WDM-OES

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Filed 11/29/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02395-WDM-OES

GARY L. PLUMB, Plaintiff, vs. G.A. WELLS; DAVID R.C. BROWN; L.A.W. BROWN; THE NEW OPHIR MINING COMPANY, a Colorado corporation; the UNITED STATES OF AMERICA, SECRETARY OF AGRICULTURE, UNITED STATES FOREST SERVICE; and, ANY AND ALL UNKNOWN PERSONS who claim any interest in the subject matter of this action; Defendants.

UNOPPOSED MOTION TO CONTINUE ADMINISTRATIVE CLOSURE PENDING SETTLEMENT NEGOTIATIONS

Plaintiff, Gary L. Plumb by and through Gary A. Wright, Esq., respectfully moves this Court for an order continuing this matter on administrative closure on the following grounds. 1. Plaintiff is authorized to state that Defendant, the United States of America,

through its counsel, does not oppose the relief sought by Plaintiff by this motion. Page 1 of 4

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2.

This case is one of two cases remaining of twenty-six related quiet title

actions that have previously been addressed by this Court under Civil Action No. 00-cv02359-WDM-OES; Chapman v. Denman. All of the cases were filed on or about 30 November 2000. 3. On April 9, 2007, this Court granted the parties' joint motion and dismissed

eighteen of the twenty-six cases. (Docket No. 29; filed in case number 00-cv-02359WDM-OES). 4. On September 7, 2007, this Court granted the parties' joint motion and

dismissed six more of the twenty-six cases. (Docket No. 34; filed in case number 00-cv02359-WDM-OES). 5. Because all but two of the twenty-six cases have been dismissed, this

motion has been filed under this case's own caption and case number to avoid confusion with the twenty-four cases that have been dismissed. 6. Plaintiff and Defendant had reached a tentative settlement in this matter,

pending its review and approval by the United States Department of Agriculture. The United States Department of Agriculture has declined to approve the settlement on the terms presented to it and the parties are in the process of addressing the changes in the settlement outlined by the United States Department of Agriculture.

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7.

Therefore, Plaintiff believes 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 above-captioned case until 30 December 2008, to allow the parties to attempt to renegotiate a settlement that is acceptable to the United States Department of Agriculture. 8. The Parties agree that the administrative closure of this case does not

foreclose further litigation and that this administratively closed case may be reopened upon motion by either party. WHEREFORE, the Plaintiff respectfully requests that the Court grant his Unopposed Motion to Continue Administrative Closure Pending Settlement Negotiations through 30 December 2008.

s/Gary A. Wright Gary A. Wright 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625

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CERTIFICATE OF SERVICE I hereby certify that on this 29th day of November 2007, I electronically filed the foregoing UNOPPOSED MOTION TO CONTINUE ADMINISTRATIVE CLOSURE PENDING SETTLEMENT NEGOTIATIONS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: Gary A. Wright [email protected] [email protected] Roxane J. Perruso [email protected] s/Winter Van Alstine Winter Van Alstine Wright & LaSalle, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625

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