Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01099-JLK-DW

Document 254

Filed 11/19/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC. Plaintiff(s), v. LEAVELL-MCCOMBS JOINT VENTURE D/B/A THE VILLAGE AT WOLF CREEK Defendant(s). ______________________________________________________________________________ DEFENDANT LEAVELL-McCOMBS JOINT VENTURE'S RESPONSE TO JOINT MOTION BY PLAINTIFF AND NON-PARTY U.S. FOREST SERVICE FOR ENTRY OF PROTECTIVE ORDER ______________________________________________________________________________ Defendant, Leavell-McCombs Joint Venture, d/b/a The Village at Wolf Creek ("the Joint Venture"), through its undersigned counsel, respectfully submits this Response to the Joint Motion by Plaintiff and Non-Party U.S. Forest Service for Entry of Protective Order as follows: The Joint Venture does not oppose the proposed protective order. However, the Joint Venture has some concerns regarding possible implications with respect to existing Tetra Tech documents already in the possession of the Joint Venture and its retained consultants to the extent, if any, those existing documents contain duplicates of the documents that are the subject of the proposed protective order. Accordingly, the Joint Venture requests that the proposed protective order include the following provision:

Case 1:04-cv-01099-JLK-DW

Document 254

Filed 11/19/2007

Page 2 of 3

To the extent, if any, duplicates of the Documents described in this Protective Order have already been produced to any party in this litigation, those duplicates shall not be subject to this protective order and production of same to non-parties shall not be governed by the provisions herein. Respectfully submitted this 19th day of November, 2007 BERG HILL GREENLEAF & RUSCITTI LLP _s/ Kim A. Tomey _________________________ George V. Berg, Jr. Kim A. Tomey 1712 Pearl Street Boulder, CO 80302 Phone: (303) 402-1600 Fax: (303) 402-1601 Email: [email protected] Attorneys for Defendant

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Case 1:04-cv-01099-JLK-DW

Document 254

Filed 11/19/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 19th day of November, 2007, I electronically filed the foregoing DEFENDANT LEAVELL-McCOMBS JOINT VENTURE'S RESPONSE TO JOINT MOTION BY PLAINTIFF AND NON-PARTY U.S. FOREST SERVICE FOR ENTRY OF PROTECTIVE ORDER with the Clerk of the Court using the CM/ECF system which will send notification to such filing to the following e-mail addresses, 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 non-participant's name: Andrew R. Shoemaker Hogan & Hartson LLP 1470 Walnut Street, Suite 200 Boulder, CO 80302 [email protected] Jim Moriarty Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected] David Krivit Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected] _______________________________________ Cynthia A. Mitchell Hogan & Hartson LLP 1470 Walnut Street, Suite 200 Boulder, CO 80302 [email protected] Robert D. Erben Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected]

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