Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cv-02361-WDM-BNB

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Concerning Related Case Nos. 00-cv-02361 through 02363-W DM-OES; and, Case Nos. 00-cv-02365 through 02374-W DM -OES

Civil Action No. 00-cv-02361-WDM-OES WYRICK G. DEANE, Plaintiff, v. MILTON TUCKER, et al., Defendants.

JOINT MOTION TO CONTINUE CERTAIN ADMINISTRATIVE CLOSURES

Plaintiff Wyrick G. Deane and the Defendant, the United States of America, through their respective counsel, hereby jointly request that an Order issue continuing the administrative closures in thirteen (13) related actions, Case Nos. 00-cv-02361 through 02363-WDM-OES, and Case Nos. 00-cv-02365 through 02374-WMS-OES, to and including June 1, 2006. 1. The only plaintiff in the referenced 13 actions is Mr. Deane and the only

defendants appearing in the 13 actions are the United States of America, Secretary of Agriculture, and the United States Forest Service (the "United States"). 2. These 13 cases are some of the 51 related quiet title actions that were individually

filed on or about November 30, 2000. Of the 51 related cases, 43 were administratively closed (including the 13 cases here) due to the burden of litigating 51 cases, and on the presumption that litigating eight representative cases instead could obviate the need for litigating the other 43

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cases. See Order for Administrative Closure dated March 26, 2002.1 3. Although the 51 original cases were not formally consolidated, pursuant to the

Court's order and for purposes of efficiency, pleadings that applied to the related cases were filed under Case No. 00-cv-2358-WDM-OES, Colin Chapman v. Ashel A. Denman, et al., with a notation (and related cases . . ..). That caption was not used for this motion as that case was transferred to Magistrate Judge Watanabe, the case number was changed to Case No. 00-cv2358-MJW-OES, judgment entered in favor of the United States on July 2, 2004, and the case is currently on appeal to the Tenth Circuit, Appeal No. 04-1331. Therefore, the caption for one of the cases that is the subject of this motion was used. 4. The 13 cases subject to the instant motion are currently subject to orders of

administrative closure that will expire on December 31, 2005. 5. The plaintiff and the United States have reached settlements, in principle, as to

these 13 actions, subject to the approval of the Department of Justice and the U.S. Forest Service. The parties have been diligent in their efforts to conclude these actions. If the proposed settlements are approved and concluded, these 13 actions (along with two others) will be dismissed on motion of the parties on or before June 1, 2006. 6. The additional time requested here is necessary in order to allow the approving

agencies of the federal government adequate time to examine land titles and to evaluate the terms of the proposed settlement.

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See also July 14, 2004 Order, D. Colo. Case No. 00-cv-02355-WDM-OES, et seq. 2

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Respectfully submitted this 15th day of December, 2005.

WELBORN SULLIVAN MECK & TOOLEY PC s/Kathryn Haight Kathryn Haight Suite 500 821 17th Street Denver, CO 80202 Tel. 303-830-2500 Fax 303-832-2366 [email protected] for Plaintiff

WILLIAM J. LEONE ACTING UNITED STATES ATTORNEY s/Roxane J. Perruso 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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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on December 15, 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: Peter R. Bornstein [email protected] [email protected] Kathryn Haight [email protected] Michael E. Hegarty [email protected] [email protected] Roxane J. Perruso [email protected] [email protected] Stephen J. Sullivan [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 above the nonparticipant's name:

Helena Jones-Siddle, Esq. [email protected]

(E-Mail)

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

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