Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01071-MSK

Document 87

Filed 01/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 04-cv-1071-AP 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, and ALXCHNG, LLC, a Texas limited liability company, CNXCHNG, LLC, a Texas limited liability company, and RIO OXBOW RANCH, INC., a Colorado corporation, Interveners.

MINUTE ORDER Judge John L. Kane ORDERS Plaintiffs' "Notice" of Filing of Affidavits (Doc. 85) is STRICKEN. The purported "Notice" seeks relief in the form of supplementing the already-supplemented administrative record and and should therefore have been filed as a motion with the prerequisite of compliance with Local Rule 7.1A. While it is clear given the statements in Defendants' Response to the Notice of Filing Affidavits (Doc. 86) that Defendants object to the supplementation, conferring would nevertheless have afforded Plaintiffs both forewarning of the grounds for Defendants' objection and would have put Plaintiffs on notice of what hurdles they would have to overcome in petitioning for the relief requested. Accordingly, the Notice is STRICKEN and while Plaintiffs may refile it in the form of a motion, they should do so only if they are confident they have good cause. If the affidavits are duplicative

Case 1:04-cv-01071-MSK

Document 87

Filed 01/05/2006

Page 2 of 2

of matters already in the record or if, in fact, Plaintiffs have previously stipulated the record is complete without them, I will not be inclined to grant the motion.

Dated: January 5, 2006