Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cv-02380-WDM-OES

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02380-WDM-OES EUGENE A. HARTLINE, Plaintiff, v. JAMES COUTTS, OWEN THOM, M.J. MADDEN, P.W. PRATT, J.E. FREEMAN, O.D. SEBREE, LEROY E. SEBREE, D.R.C. BROWN, JOSEPH S. HUNN, UNITED STATES OF AMERICA, SECRETARY OF AGRICULTURE, UNITED STATES FOREST SERVICE, and ANY AND ALL UNKNOWN PERSONS who claim an interest in the subject matter of this action. Defendants.

STIPULATED MOTION TO DISMISS WITH PREJUDICE AND FOR ORDER RELEASING LIS PENDENS

Plaintiff, Eugene A. Hartline and Defendants, the United States of America, Secretary of Agriculture and the United States Forest Service, move this Court for an order dismissing this case with prejudice pursuant to Fed. R. Civ. P. 41(a)(1), on the following grounds:

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1.

This case is one of 51related quiet title cases which were each filed on

November 30, 2000. Of the 51 related cases, 43 were administratively closed due to 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. 2. Although the cases were not consolidated, pursuant to the Court's order for

purposes of efficiency, pleadings that applied to all of the related cases were filed under Civil Action No. 00-cv-2658-WDM-OES; Colin Chapman v. Ashel A. Denman, et al., with a notation (and related cases . . . .). 3. This case is currently administratively closed until December 30, 2005,

based on the Court's order dated July 26, 2005. 4. This motion to dismiss is filed under the Civil Action No. and Caption for

this particular action, since the motion only applies to this particular case. 5. The only Defendants appearing in the action are the United States of

America, Secretary of Agriculture and the United States Forest Service (the "United States"). 6. The Parties stipulate to dismiss this cause of action with prejudice pursuant

to Fed. R. Civ. P. 41(a)(1) as they have resolved the claims that were raised in the abovecaptioned lawsuit. 7. The Parties stipulate to the release of any lis pendens that may have been -2-

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filed or recorded previously hereto by or on behalf of the Plaintiff. 8. The Parties stipulate that each shall pay their own costs and attorneys' fees.

WHEREFORE, the Parties move this Court for an order dismissing this case with prejudice and releasing any lis pendens filed or recorded previously on behalf of the Plaintiff. Dated this 3rd day of October, 2005.

WELBORN SULLIVAN MECK & TOOLEY P.C.

WILLIAM J. LEONE UNITED STATES ATTORNEY

s/Kathryn Haight, Esq. Kathryn Haight, Esq. 821 17th Street, Suite 500 Denver, CO 80202 Phone: 303-830-2500 Fax: 303-832-2366 E-mail: [email protected] Attorneys for Plaintiff

s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0127 Fax: 303-454-0404 E-mail: [email protected] Attorneys for the United States

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on October 3, 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 e-mail addresses: Kathryn Haight [email protected] Peter R. Bornstein [email protected] [email protected] Michael E. Hegarty [email protected] [email protected] Gary A. Wright [email protected] [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)

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Stephen J. Sullivan Welborn Sullivan Meck & Tooley, P.C. 821 17th Street, Suite 500 Denver, Colorado 80202-1801

(U.S. Mail)

s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0127 FAX: 303-454-0404 E-mail: [email protected] Attorney for the United States

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