Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cv-02393-WDM-OES

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Filed 08/04/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02393-WDM-OES

BARNEY F. OLDFIELD; Plaintiff, v. J. CLARENCE HERSHEY; et al., Defendants. ______________________________________________________________________________ UNOPPOSED MOTION TO REINSTATE CASE AND TO CONTINUE ADMINISTRATIVE CLOSURE ______________________________________________________________________________ Plaintiff, through undersigned counsel, requests that the Court reinstate the above captioned case and order that it be administratively closed until 31 December 2006. As grounds therefor, Plaintiff states:

1.

This case was one of 51cases 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 Order for Administrative Closure dated 26 March 2002.

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2. 3.

The 43 cases, including this one, were initially administratively closed until 31 July 2003. The Order for Administrative Closure was then continued for this and other related cases

until 31 July 2004 by Order entered 30 July 2003. 4. On 9 July 2004, Plaintiff and Defendant, the United States, filed a Joint Motion to Continue

Administrative Closure to extend the administrative closure until 29 July 2005, which motion was granted by Order entered 12 July 2004. 5. It was the Parties' intention that this case be included in and subject to that Order and it was so

included in the caption. 6. In July 2005, Plaintiff and Defendant filed joint motions to continue the administrative closure in

the related cases until 31 December 2006. 7. Approximately 24 separate motions were filed on July 27 and 28, 2005 and Orders have been

entered by this Court Granting all 24 motions. 8. The basis for the continued administrative closures are as follows: A) 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. B) The six litigated cases for which summary judgment was granted have been appealed to

the United States Court of Appeals for the Tenth Circuit. C) At the time of the filing of this motion, five of the six cases have been fully briefed.

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D)

The United States Court of Appeals for the Tenth Circuit is not expected to rule on

these appeals until the fall of 2006, at the earliest. 9. In preparing the above joint motions is was brought to Plaintiff counsel's attention that this case

was dismissed without prejudice by Order of the Court entered 2 July 2004, and was, therefore, not subject to the 12 July 2004 Order. 10. Therefore, a joint motion to continue the administrative closure until 31 December 2006, was

not filed in this case. 11. Plaintiff's counsel has no explanation as to why this case was dismissed before the 31 July 2004

deadline and by oversight he failed to take notice of such dismissal at that time. 12. Plaintiff believes that good cause exists to reinstate this case and to continue the administrative

closure for it until 31 December 2006. 13. Plaintiff understands and intends 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. 14. Plaintiff's counsel has conferred with Roxane J. Perruso, Assistant United States Attorney, who

has indicated that the United States does not oppose the relief sought in this motion. 15. A proposed form of order is attached.

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Request for Relief: WHEREFORE, the Plaintiff respectfully requests that the Court reinstate this case and enter an order continuing its administrative closure until 31 December 2006.

Date: 4 August 2005 s/Gary A. Wright Gary A. Wright 715 West Main Street, Suite 201 Aspen, Colorado 81611 Telephone: (970) 925-5625 [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 4 August 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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