Free Scheduling Order - District Court of Colorado - Colorado

Case 1:04-cv-01071-MSK

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Filed 10/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 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, Defendant-Intervenors.

SECOND AMENDED STIPULATED SCHEDULING ORDER

This matter comes before the Court on the parties'Second Amended Stipulated Scheduling Order (the " Stipulated Scheduling Order" The Court establishes the ). following schedule for resolution of this case:

Case 1:04-cv-01071-MSK

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1.

Plaintiffs have requested that the Defendant, U.S. Forest Service,

supplement the administrative record with the following documents: (1) eight photographs of the federal properties to be transferred in the Rio Oxbow Land Exchange; and (2) the May 31, 2005 letter of Peter L. Clark responding to the February 15, 2005 Freedom of Information Act request of Charles C. Powers. These documents are attached as Exhibits A through I. The parties stipulate to the inclusion of these documents in the administrative record and stipulate to their authenticity; however, Defendant and Defendant-Intervenors do not admit the relevance of these documents. Defendant shall file a notice supplementing the record with these documents no later than October 24, 2005. 2. The parties agree that upon the addition of the items listed in paragraph 1

the administrative record is complete and that no additional discovery is necessary. Plaintiffs hereby withdraw their motion for leave to conduct discovery (Docket No. 48) and their amended motion for leave to conduct discovery (Docket No. 56). 3. Briefing of the merits shall be conducting as follows: Plaintiffs shall file an

opening brief no later than 45 days from the date of the October 28, 2005 status conference or from the date the Court approves this Stipulated Scheduling Order, whichever is later. Defendant and Defendant-Intervenors may file a responsive brief no later than 45 days from the date the opening brief is served; and Plaintiffs may file a reply brief no later than 15 days from the date the responsive briefs are served.

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This Stipulated Scheduling Order may be altered or amended only upon motion showing good cause and order entered thereon. DATED this 20th day of October, 2005.

BY THE COURT: S/John L. Kane JOHN L. KANE, Senior Judge United States District Court

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PROPOSED SCHEDULING ORDER APPROVED:

/s/ Charles C. Powers Charles C. Powers P.O. Box 1273 South Fork, Colorado 81154 Telephone: (719) 873-1740 Facsimile: E-Mail: [email protected] Attorney for Plaintiffs

/s/ Roxane Perruso Habib Nasrullah Roxane J. Perruso Assistant United States Attorneys 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0407 E-Mail: [email protected] [email protected] Attorneys for Defendant

/s/ Jennifer L. Soice Charles B. White Jennifer L. Soice Petros & White, LLC 730 17th Street, Suite 820 Denver, Colorado 80202 Telephone: (303) 825-1980 Facsimile: (303) 825-1983 E-Mail: [email protected] [email protected] Attorneys for Defendant-Intervenors

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