Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:00-cv-02359-WDM-OES

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Filed 09/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02359-WDM-OES (and related case nos. 00-cv-2355, 00-cv-02356, 00cv-02357, 00-cv-02376, 00-cv-02377, 00-cv-02378, 00-cv-02379, 00-cv-02381, 00-cv-02382, 00-cv-02387, 00-cv-02388, 00-cv-02389, 00-cv-02390, 00-cv-02392, 00-cv-02393, 00-cv-02395, 00-cv-02396, 00-cv-02397, 00-cv-02398, 00-cv-02399, 00-cv-02400, 00-cv-02401, 00-cv-02402, 00-cv-02403, and 00-cv-02405)

COLIN CHAPMAN, et al. Plaintiffs, v. ASHEL A. DENMAN, et al., Defendants.

SUPPLEMENT TO JOINT MOTION TO DISMISS SIX CASES THAT WERE ADMINISTRATIVELY CLOSED UNTIL APRIL 30, 2007, WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)

The Plaintiffs in the six (6) cases listed below and the Defendant, the United States of America, through their respective counsel, hereby jointly supplement the Joint Motion to Dismiss Six Cases That Were Administratively Closed until April 30, 2007, with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1), which was filed on September 7, 2007 (Doc. 31), as follows: 1. The six (6) cases that are the subject of the joint motion to dismiss and this

supplement are 6 of the 51 related 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.

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2.

Although the cases were not consolidated,1 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. The six (6) cases subject to the instant motion were currently administratively

closed until April 30, 2007. 4. The six (6) cases are as follows: Claim Name and USMS # Cleveland Lode, USMS 4212 Grand Prize, USMS 2389 Terrible Lode, USMS 2752 Gray Carbonate Lode, USMS 4154 Dixie Lode, USMS 1986 Lincoln Lode, USMS 5794 Case Number 00-cv-02387 00-cv-02389 00-cv-02396 00-cv-02399 00-cv-02400 00-cv-02402

Plaintiff Maniloff Meloy Pokress Smalls Teschner Van't Hoff 5.

The only Defendants appearing in each of the actions are the United States

of America, Secretary of Agriculture and the United States Forest Service (the "United States").

When filing the previous motion to dismiss, the title of the document entered in ECF erroneously reflected the cases were consolidated. (Doc. 31). -2-

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6.

The Parties stipulate to dismiss each of these six (6) cases with prejudice

pursuant to Fed. R. Civ. P. 41(a)(1) as they have resolved the claims that were raised in each of them. 7. The Parties also stipulate to the release of any lis pendens that may have

been filed or recorded previously hereto by or on behalf of the Plaintiff in each of the six (6) cases. This motion supplements the previous joint motion to dismiss in that the Parties had not included the statement regarding the only parties to appear in the action and had not addressed the release of any lis pendens. 8. The Parties stipulate that each shall pay their own costs and attorneys' fees.

WHEREFORE, the Parties move this Court for an order dismissing the six (6) cases with prejudice and releasing any lis pendens filed or recorded previously on behalf of any of the Plaintiffs. Dated this day of , 2007.

TROY A. EID UNITED STATES ATTORNEY

WRIGHT & LASALLE, LLP

s/Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney U.S. Attorney's Office, Civil Division 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Email: [email protected] -3-

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

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of September 2007, I electronically filed the foregoing SUPPLEMENT TO JOINT MOTION TO DISMISS SIX CASES THAT WERE ADMINISTRATIVELY CLOSED UNTIL APRIL 30, 2007, WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Roxane J. Perruso [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 above the nonparticipant's name:

s/Roxane J. Perruso Roxane J. Perruso

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