Free Stipulation for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01071-MSK

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Filed 01/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1071-JLK-BNB SAN LUIS VALLEY ECOSYSTEM COUNSEL, NANCY ALBRIGHT, JAMES MARTIN, JERRE GUTHALS, STEVE LEWIS, ANTLERS RIO GRANDE LODGE, INC., a Colorado Corporation, and CHARLES C. POWERS, Plaintiffs, v. UNITED STATES FOREST SERVICE, Defendant,

ALXCHNG, LLC, a Texas limited liability company, CNXCHNG, LLC, a Texas limited liability company, and RIO OXBOW RANCH INC., a Colorado corporation, Defendant-Intervenors.

PARTIES' JOINT STIPULATION CONCERNING STANDING AFFIDAVITS

Defendant, the United States Forest Service (the "Forest Service"), Plaintiffs, and the Intervenors, by and through their undersigned counsel, hereby submit the following stipulation concerning Plaintiffs' "Notice of Filing Affidavits" (Docket No. 85) and the five attached affidavits of: (1) Charles C. Powers, Esq.; (2) Nancy Albright; (3) Jerre Guthals; (4) James Martin; and (5) Christine Canaly (for the San Luis Valley Ecosystem Council):

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1.

Plaintiffs filed a "Notice of Filing Affidavits" on or about December 21, 2005.

See Docket No. 85. 2. Defendant Forest Service objected to that filing on multiple grounds stated in

Docket No. 86. 3. 4. The Court struck the Notice. See Order, Docket No. 87 Subsequently, Plaintiffs sought reconsideration of the Court's Order and the Court

indicated that it would entertain further efforts to confer on the subject of the affidavits. See Order, Docket No. 91. 5. 6. The parties have conferred concerning the subject affidavits. The Forest Service and Intervenors understand that Plaintiffs remain interested in

presenting the following five affidavits submitted with Plaintiffs' "Notice of Filing Affidavits" (Docket No. 85): (1) Charles C. Powers, Esq.; (2) Nancy Albright; (3) Jerre Guthals; (4) James Martin; and (5) Christine Canaly (for the San Luis Valley Ecosystem Council). 7. Plaintiffs, the Forest Service and Intervenors agree that the Court may consider

the referenced affidavits for standing purposes only.1 8. Neither the Forest Service nor Intervenors consent to consideration of any portion

of the affidavits to attack the challenged decision, which decision must stand or fall on the basis

Neither the Forest Service nor the Intervenors waive their objections to: (1) the timeliness of the proposed submission; and (2) the lack of "good cause" for the late submission. However, in an effort to get to the merits of the case, and given Plaintiffs' concession that the affidavits are offered and will be used for standing purposes only, the parties jointly submit this stipulation. 2

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of the administrative record ("AR"). Plaintiffs previously stipulated that the AR is complete. See Docket No. 75, ¶ 2. Plaintiffs agree that they will not use the affidavits for any purpose other than to show standing. 9. All parties are interested in proceeding to address the merits of this case. The

Court specifically suspended briefing while the parties conferred in the above-referenced matter. See Order, Docket No. 91. 10. The parties agree that the following dates are acceptable for submission of a

Response and a Reply: February 15, 2006 for the Response by the Forest Service and Intervenors and March 7, 2006 for the Reply by Plaintiffs, if any is filed. For all of the foregoing reasons, the parties agree that the five previously submitted affidavits can be considered for standing purposes only and agree upon this schedule. The parties respectfully request that the Court enter an Order approving this Stipulation. DATED this 26th day of January, 2006. Respectfully submitted, WILLIAM J. LEONE United States Attorney /s Roxane Perruso ROXANE J. PERRUSO /s Terry Fox TERRY FOX Assistant United States Attorneys 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 [email protected]; [email protected] Attorneys for the Defendant, United States Forest Service 3

By:

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Of Counsel Diane M. Connolly Deputy Regional Attorney United States Department of Agriculture Office of the General Counsel 730 Simms Street, Room 309 Golden, CO 80401

_/s Charles C. Powers Charles C. Powers Charles C. Powers, Attorney at Law P.O. Box 1273 South Fork, CO 81154 [email protected] for Plaintiffs

/s Jennifer L. Soice Jennifer L. Soice Charles B. White Petros & White LLC 730 17th Street #820 Denver, CO 80202-3518 [email protected] [email protected] for Defendant-Intervenors

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on January 26, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system. Charles C. Powers Charles C. Powers, Attorney at Law P.O. Box 1273 South Fork, CO 81154 [email protected] Charles B. White Jennifer L. Soice Petros & White LLC 730 17th Street # 820 Denver, CO 80202-3518 [email protected] [email protected] The following non-ECMF individual has received notice as follows: Diane M. Connolly, Esq.: [email protected]

/s Terry Fox Office of the United States Attorney

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1071-JLK-BNB SAN LUIS VALLEY ECOSYSTEM COUNSEL, NANCY ALBRIGHT, JAMES MARTIN, JERRE GUTHALS, STEVE LEWIS, ANTLERS RIO GRANDE LODGE, INC., a Colorado Corporation, and CHARLES C. POWERS, Plaintiffs, v. UNITED STATES FOREST SERVICE, Defendant, ALXCHNG, LLC, a Texas limited liability company, CNXCHNG, LLC, a Texas limited liability company, and RIO OXBOW RANCH INC., a Colorado corporation, Defendant-Intervenors.

ORDER RE: PARTIES' JOINT STIPULATION CONCERNING STANDING AFFIDAVITS

The Court, having considered the parties' joint submission, which submission stipulates that the affidavits submitted at Docket No. 85 are offered for standing purpose only, orders that those affidavits are accepted only for the purpose of deciding whether Plaintiffs have standing to bring their challenge. The affidavits will not be considered to attack the Forest Service decision at issue in this case or for any other purpose. The Court further orders that Defendant and

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Intervenors have to and including February 15, 2006 to file Responses to Plaintiff's Initial Brief (Docket No. 82) and Plaintiffs have until March 7, 2006 to file a Reply, if any is submitted. ____________________________ United States District Court

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