Free Motion to Stay - District Court of Colorado - Colorado

Case 1:00-cv-02394-WDM-BNB

Document 62

Filed 07/25/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02394-MJW-OES NANCY OLIPHANT, formerly NANCY DEANE, and WYRICK G. DEANE, Plaintiffs, v. THE FRANCO MINING COMPANY, et al., Defendants, v. UNITED STATES OF AMERICA, Cross/Counter-Claimant.

JOINT MOTION TO CONTINUE ADMINISTRATIVE CLOSURE

Plaintiffs, Nancy Oliphant and Wyrick G. Deane, and Defendant, Cross and CounterClaimant, the United States of America, through their respective counsel, hereby jointly request that an Order issue continuing the administrative closure of this case until December 31, 2005. 1. This quiet title action has been held in abeyance pursuant to orders of

administrative closure entered on August 7, 2003, and July 14, 2004, and is subject to being opened for good cause on or before July 29, 2005.1 2. The Plaintiffs and the United States have engaged in settlement discussions and

have reached settlements, in principle, as to this action, subject to approval by the Department of

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See July 14, 2004 Order, D. Colo. Case No. 00-cv-02355, et seq.-WDM-OES

Case 1:00-cv-02394-WDM-BNB

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Filed 07/25/2005

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Justice and the U.S. Forest Service. If the proposed settlement is approved and concluded, this action will be dismissed in its entirety upon the motion of the parties on or before December 31, 2005. 3. The additional time requested herein is necessary in order to allow the approving

agencies of the federal government adequate time to evaluate the terms of the proposed settlement. Respectfully submitted this 25th day of July, 2005.

WELBORN SULLIVAN MECK & TOOLEY PC

WILLIAM J. LEONE ACTING UNITED STATES ATTORNEY

____________________________ s/Kathryn Haight Suite 500 821 17th Street Denver, CO 80202 Tel. 303-830-2500 Fax 303-832-2366 [email protected] for Plaintiffs

_____________________________ s/Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Tel. 303-454-0127 Fax 303-454-0404 [email protected] for United States of America

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Case 1:00-cv-02394-WDM-BNB

Document 62

Filed 07/25/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on July 25, 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: Kathryn Haight Counsel for Plaintiffs [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand- delivery, etc.) indicated by the nonparticipant's name: Helena Jones-Siddle, Esq. Office of the General Counsel USFS-USDA 740 Simms Street, Room 309 Golden, CO 80401 [email protected] (E-Mail)

s/Roxane J. Perruso Assistant U.S. Attorney Attorney for Defendants United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 [email protected]

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