Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

Filed 07/17/2007

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ADMAPP, APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01071-MSK Internal Use Only

San Luis Valley Eco, et al v. FOREST Assigned to: Judge Marcia S. Krieger Demand: $0 Cause: 42:4321 Review of Agency Action-Environment

Date Filed: 05/27/2004 Date Terminated: 05/17/2007 Jury Demand: None Nature of Suit: 891 Agriculture Acts Jurisdiction: U.S. Government Defendant

Plaintiff San Luis Valley Ecosystem Counsel represented by Charles Clair Powers Charles C. Powers, Attorney at Law P.O. Box 1273 0020 Lodge Drive South Fork, CO 81154 719-873-1740 Fax: 719-873-1742 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. Gordon H. Rowe, Jr., Atty At Law P.O. Box 1273 South Fork, CO 81154 719-873-1740 LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Nancy Albright TERMINATED: 06/11/2007 represented by Charles Clair Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff James Martin represented by Charles Clair Powers (See above for address)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Jerre Guthals represented by Charles Clair Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Steve Lewis TERMINATED: 10/11/2005 represented by Charles Clair Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Antlers Rio Grande Lodge, Inc. a Colorado corporation represented by Charles Clair Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Charles C. Powers represented by Charles Clair Powers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gordon H. Rowe, Jr. (See above for address) LEAD ATTORNEY

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

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ATTORNEY TO BE NOTICED V. Defendant USDA Forest Service represented by Habib Nasrullah U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0216 Fax: 303-454-0404 Email: [email protected] TERMINATED: 10/25/2005 LEAD ATTORNEY Roxane J. Perruso U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0127 Fax: 303-454-0404 Email: [email protected] ATTORNEY TO BE NOTICED Terry Fox U.S. Attorney's Office-Denver 1225 Seventeenth Street #700 Denver, CO 80202 303-454-0100 Fax: 303-454-0404 Email: [email protected] ATTORNEY TO BE NOTICED Intervenor Defendant ALXCHNG, LLC a Texas limited liability company represented by Charles B. White Petros & White, LLC 730 17th Street #820 Denver, CO 80202-3518 303-825-1980 Fax: 303-825-1983 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Soice Pelz Petros & White, LLC

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

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730 17th Street #820 Denver, CO 80202-3518 303-825-1980 Fax: 303-825-1983 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant CNXCHNG, LLC a Texas limited liability company represented by Charles B. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Soice Pelz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Defendant Rio Oxbow Ranch, Inc. a Colorado corporation represented by Charles B. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Soice Pelz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/27/2004 05/27/2004 05/28/2004 06/02/2004 06/02/2004 06/02/2004

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Docket Text 1 COMPLAINT for declaratory and injunctive relief (Summons(es) issued) (bpm) (Entered: 05/28/2004) FILING FEE PAID: on 5/27/04 in the amount of $ 150, receipt # 252038. (bpm) (Entered: 05/28/2004) 2 LETTER to counsel advising of change of case to an AP case assigned to Judge Kane re: complaint [1-1] (bpm) (Entered: 05/28/2004) 3 MOTION by plaintiff for temporary restraining order , and for preliminary injunction (gms) (Entered: 06/03/2004) 4 AMENDED COMPLAINT for Declaratory and Injunctive Relief [1-1] by plaintiff (gms) (Entered: 06/03/2004) 5 CERTIFICATE OF Counsel under LR 65.1 (MAILING) by plaintiff of amended complaint [4-1], motion for temporary restraining order [3-1], motion for preliminary injunction [3-2] on 6/1/04 (gms) (Entered:

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06/03/2004) 06/21/2004 06/21/2004 06/21/2004 07/12/2004 07/26/2004 07/26/2004 6 ADMINISTRATIVE RECORD (Volumes 1 through 10 - 10 white three ring binders in 2 boxes) (gms) (Entered: 06/22/2004) 7 NOTICE by defendant of filing of ADMINISTRATIVE RECORD [6-1] (gms) (Entered: 06/22/2004) 8 STIPULATION by plaintiffs and defendant re: motion for tro and prel inj. (gms) (Entered: 06/22/2004) 9 RESPONSE by defendant to pla's motion for preliminary injunction [3-2] (gms) (Entered: 07/13/2004) 10 ATTORNEY APPEARANCE for plaintiffs by Charles Clair Powers (gms) (Entered: 07/27/2004) 11 MOTION by defendant to dismiss Counts I and II of the amd cmp , and for more definite statement w/ respect to Count IV (gms) (Entered: 07/27/2004) 12 ANSWER by defendant to amended complaint [4-1] (gms) (Entered: 07/27/2004) 13 Expedited MOTION by ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc to intervene as dfts in Counts I, III, IV and V of amd cmp (gms) (Entered: 07/27/2004) Tendered Motion to Dismiss Count I of Pla's Amd Cmp submitted by proposed intervenor dfts ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc re: motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1] (gms) (Entered: 07/27/2004) Tendered Answer submitted by proposed intervenor dfts ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc re: motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1] (gms) (Entered: 07/27/2004) 14 Disclosure STATEMENT by proposed intrevenor dfts ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc (gms) (Entered: 07/27/2004) 15 MINUTE ORDER : by Judge John L. Kane setting hearing on expedited motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1] 10:00 8/5/04. Pla to respond to motion by 8/3/04. (cc: all counsel) ; entry date : 7/29/04 (gms) (Entered: 07/29/2004) 16 REPLY by plaintiffs to response to motion for temporary restraining order [3-1] (gms) (Entered: 07/29/2004) 17 MINUTE ORDER : by Judge John L. Kane Pla to respond to dft's [11-1] motion to dismiss Counts I and II of the amd cmp, regarding [11-2] and motion for more definite statement w/ respect to Count IV no later than 8/18/04. Dft to reply by 9/9/04 (cc: all counsel) ; entry date : 7/30/04 (gms) (Entered: 07/30/2004)

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33 MINUTE ORDER : by Judge John L. Kane motion for evidentiary hearing on standing [32-1] has been received and will be considered after the motions to disimss are fully briefed (cc: all counsel) ; entry date : 9/2/04 (gms) (Entered: 09/02/2004) 18 Unopposed MOTION by plaintiff for extension of time to respond to dft's to plas' motion for preliminary injunciton to 7/27/04 (gms) (Entered: 08/02/2004) 19 STIPULATION by applicants for intervention ALXCHNG, LLC, et al & defendant FOREST re: Exchange Agreement (gms) (Entered: 08/04/2004) 20 MINUTE ORDER : by Judge John L. Kane granting unopposed motion for extension of time to respond to dft's to plas' motion for preliminary injunciton to 7/27/04 [18-1]. The reply submitted 7/29/04 is accepted as timely filed (cc: all counsel) ; entry date : 8/4/04 (gms) (Entered: 08/04/2004) 21 RESPONSE by plaintiff to motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1] (gms) (Entered: 08/04/2004) 22 MOTION by defendant for order on stipulation between US Forest Svc and ALXCHNG, et al and to vacate the preliminary injunction hrg on 8/5/04 (gms) (Entered: 08/05/2004) 23 MINUTE ORDER : by Judge John L. Kane granting expedited motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1]. Answer [0-0] and motion to dismiss Count I of pla's amended cmp [0-0] are accepted for filing. Pla to respond to dft/intervenors' motion to dismiss by 8/18/04. Dft/intervenors may reply by 9/9/04 (cc: all counsel) ; entry date : 8/6/04 (gms) (Entered: 08/06/2004) 24 ANSWER by intervenor-defendants to amended complaint [4-1] (gms) (Entered: 08/06/2004) 25 MOTION by intervenor-defendants to dismiss count I of pla's amd cmp (gms) (Entered: 08/06/2004) 26 COURTROOM MINUTES by Judge John L. Kane granting in part and denying in part dft's motion for order on stipulation between US Forest Svc and ALXCHNG, et al and to vacate the preliminary injunction hrg on 8/5/04 [22-1], granting motion to intervene as dfts in Counts I, III, IV and V of amd cmp [13-1] ; entry date : 8/9/04 Court Reporter: ECR Kathy Terasaki (gms) (Entered: 08/09/2004) 27 ORDER by Judge John L. Kane. [19-1] Stipulation between US Forest Svc and private proponents is entered as an order of the court. Parties are prohibited from taking any action inconsistent w/ the terms & condictions. Denying as moot pla's motion for preliminary injunction [32], denying as moot Forest Services motion for order on stipulation between US Forest Svc and ALXCHNG, et al and to vacate the preliminary injunction hrg on 8/5/04 [22-1] (cc: all counsel) ; entry date :

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8/9/04 (gms) Modified on 08/25/2004 (Entered: 08/09/2004) 08/23/2004 08/24/2004 28 MOTION by plaintiffs for extension of time to respond to dft & intervenors motions to dismiss to 8/24/04 (gms) (Entered: 08/23/2004) 29 MINUTE ORDER : by Judge John L. Kane granting pla's motion for extension of time to respond to dft & intervenors motions to dismiss to 8/24/04 [28-1]. Reply is due 9/15/04. regarding [25-1] motion to dismiss count I of pla's amd cmp, regarding [11-1] motion to dismiss Counts I and II of the amd cmp (cc: all counsel) ; entry date : 8/25/04 (gms) (Entered: 08/25/2004) 30 RESPONSE by plaintiffs to dft Forest Svc's motion to dismiss Counts I and II of the amd cmp [11-1] and motion for more definite statement w/ respect to Count IV [11-2] & Intervenors' motion to dismiss count I of pla's amd cmp [25-1] (gms) (Entered: 08/25/2004) 31 SUPPLEMENT by plaintiff to response to motions to dismiss [30-1] (gms) (Entered: 08/27/2004) 32 Request (MOTION) by plaintiff for evidentiary hearing on standing (gms) (Entered: 08/31/2004) 34 Stipulated Scheduling ORDER by Judge John L. Kane Pla to respond to dft's [11-1] motion to dismiss Counts I and II of the amd cmp by 8/24/04, dft to reply by 9/15/04. Pla to respond to dft/intervenors' [25-1] motion to dismiss count I of pla's amd cmp by 8/24/04 and dft/intervenors' may reply by 9/15/04. Parties may supplement [6-1] ADMINISTRATIVE RECORD w/in 15 days. Requests for leave to conduct discovery due w/in 15 days.(cc: all counsel) ; entry date : 9/10/04 (gms) (Entered: 09/10/2004) 35 REPLY by intervenor-defendants ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc to pla's response to motion to intervenors' dismiss count I of pla's amd cmp [25-1] and dft Forest Service otion to dismiss Counts I and II of the amd cmp [11-1] and for more definite statement w/ respect to Count IV [11-2] (lam) (Entered: 09/16/2004) 36 RESPONSE by defendant-intervenors ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch Inc to pla's req for evidentiary hearing on standing [32-1] (lam) (Entered: 09/16/2004) 37 Opposition (RESPONSE) by defendant FOREST to req for evidentiary hearing on standing [32-1] (lam) (Entered: 09/16/2004) 38 REPLY Brief by defendant FOREST in support of motion to dismiss Counts I of the amd cmp [11-1], [11-2] (lam) (Entered: 09/16/2004) 39 MOTION by plaintiffs to amend complaint [4-1], complaint [1-1] (gms) (Entered: 09/17/2004) Tendered Second Amended Complaint for Declaratory and Injunctive Relief submitted by plaintiff re: motion to amend complaint [4-1], complaint [1-1] [39-1] (gms) (Entered: 09/17/2004)

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40 Amended Stipulated SCHEDULING ORDER Judge John L. Kane Motion to amend complaint due 9/15/04. Motion to intervene due 9/22/04. Dft and dft/Intervenors reply brief on Motion to dismiss count 1 due 9/15/04. Dft and dft/Intervenor's answer or other responsive pleadings to 2nd amended cmp due 30 days after court grants plas' Rule 15 motion. Responses to mtn to dismiss due w/in 20 days after service, reply w/in 10 days.(cc: all counsel) (gms) (Entered: 09/22/2004) 41 MINUTE ORDER : by Judge John L. Kane granting motion to amend complaint [4-1], complaint [1-1] [39-1] (cc: all counsel) ; entry date : 9/22/04 (gms) (Entered: 09/22/2004) 42 2nd AMENDED COMPLAINT [4-1], [1-1] by plaintiffs (gms) (Entered: 09/22/2004) 43 Unopposed MOTION by intervenor-defendants to intervene in Count II and Count III of pla's 2nd amd cmp (gms) (Entered: 09/23/2004) 44 MINUTE ORDER : by Judge John L. Kane granting unopposed motion to intervene in Count II and Count III of pla's 2nd amd cmp [43-1] regarding [42-1] complaint (cc: all counsel) ; entry date : 9/24/04 (gms) (Entered: 09/24/2004) 45 REPLY by plaintiffs to dfts' and intervenors' response plas' to motion for evidentiary hearing on standing [32-1] (gms) (Entered: 09/29/2004) 46 TRANSCRIPT of Motion for Preliminary Injunction on 8/5/04 before Judge Kane ( pages: 1-44) Prepared By: Federal Reporting Svc (certified copy) (gms) (Entered: 10/04/2004) 47 Document List to SUPPLEMENT by plaintiff ADMINISTRATIVE RECORD [6-1] (gms) (Entered: 10/06/2004) 48 MOTION by plaintiff for leave to conduct discovery (gms) (Entered: 10/06/2004) 49 MINUTE ORDER : by Judge John L. Kane Parties to respond to [48-1] motion for leave to conduct discovery by 10/26/04, pla's shall reply by 11/5/04(cc: all counsel) ; entry date : 10/18/04 (gms) (Entered: 10/18/2004) 50 ANSWER by defendant to 2nd amended complaint [42-1] for declaratory & injunctive relief (gms) (Entered: 10/21/2004) 51 ANSWER by intervenor-defendants to 2nd amended complaint [42-1] (gms) (Entered: 10/21/2004) 52 MOTION by plaintiffs to amend motion for leave to conduct discovery [48-1] (gms) (Entered: 10/26/2004) Tendered Amended Motion for Leave to Conduct Discovery submitted by plaintiff re: motion to amend motion for leave to conduct discovery [48-1] [52-1] (gms) (Entered: 10/26/2004) 53 Unopposed MOTION by intervenor-defendant for extension f time to

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respond to pla's motion for discovery to 11/10/04 (gms) (Entered: 10/27/2004) 10/26/2004 54 JOINDER by defendant FOREST in dft/intervenors' motion for extension f time to respond to pla's motion for discovery to 11/10/04 [53-1] (gms) (Entered: 10/27/2004) 55 MINUTE ORDER : by Judge John L. Kane granting motion to amend motion for leave to conduct discovery [48-1] [52-1], granting dft/intervenor's motion for extension f time to respond to pla's motion for discovery to 11/10/04 [53-1]. Parties to repond to amended motion for leave to conduct discovery by 11/10/04, plas to reply by 11/22/04 (cc: all counsel) entry date : 10/28/04 (gms) (Entered: 10/28/2004) 56 AMENDED MOTION by plaintiffs for leave to conduct discovery regarding motion for leave to conduct discovery [48-1] (gms) (Entered: 10/28/2004) 57 NOTICE by plaintiffs Nancy Albright, Antlers Rio Grande Lodge, Inc., Jerre Guthals, Steve Lewis, James Martin, Charles C. Powers, San Luis Valley Ecosystem Counsel of filing of original transcript of 8/5/04 (attached to notice) (gms, ) (Entered: 11/01/2004) 58 Opposition (RESPONSE) to Amended Motion for Leave to Conduct Discovery [56] filed by Defendant USDA Forest Service. (gms, ) (Entered: 11/15/2004) 59 Opposition (RESPONSE) to Plas' Amended Motion for Leave to Conduct Discovery [56] filed by Intervenor Defendants ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch, Inc.. (gms, ) (Entered: 11/15/2004) 60 REPLY to Responses to Amended Motion to conduct discovery [56] filed by Plaintiffs Nancy Albright, Antlers Rio Grande Lodge, Inc., Jerre Guthals, Steve Lewis, James Martin, Charles C. Powers, San Luis Valley Ecosystem Counsel. (gms, ) (Entered: 11/29/2004) 61 Unopposed MOTION for Leave to File a Sur Reply to Plas' Amended Motion for Leave to Conduct Discovery by Defendant USDA Forest Service. (gms, ) (Entered: 12/20/2004) TENDERED Sur Reply to Plas' Amended Motion for Leave to Conduct Discovery re:[61] MOTION for Leave to File by Defendant USDA Forest Service. (gms, ) (Entered: 12/20/2004) 62 SUPPLEMENT to [6] Administrative Record - Volume 11 by Defendant USDA Forest Service. (gms, ) (Entered: 12/20/2004) 63 NOTICE by USDA Forest Service of filing of [62] Supplement to Administrative Record (gms, ) (Entered: 12/20/2004) 64 Minute ORDER granting Dft's Unopposed [61] Motion for Leave to File a sur reply, by Judge John L. Kane on 12/20/04. (gms, ) (Entered: 12/23/2004)

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65 SURREPLY by Defendant USDA Forest Service to Plas' Amended Motion for Leave to Conduct Discovery [56] (gms, ) (Entered: 12/23/2004) 66 Unopposed MOTION for Hearing/Conference by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC. (Soice, Jennifer) (Entered: 09/08/2005) 67 Minute ORDER granting Unopposed 66 Motion to Set Status Conference. Set for 10/28/05 at 10:00 a.m. Motion for more definite statement in Doc [11] directed to Count IV of the original complaint, to the extent it remains at issue after the filing of amended complaint is denied. Denying Plaintiffs' [32] Motion for Evidentiary Hearing, by Judge Kane on 9/28/05. (gms, ) (Entered: 09/28/2005) 68 STIPULATION of Dismissal of Party Steve Lewis by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC, Plaintiffs San Luis Valley Ecosystem Counsel, Nancy Albright, James Martin, Jerre Guthals, Steve Lewis, Antlers Rio Grande Lodge, Inc., Charles C. Powers, Defendant USDA Forest Service. (Nasrullah, Habib) (Entered: 10/11/2005) 69 Supplemental ANSWER to Amended Complaint by CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC.(Soice, Jennifer) (Entered: 10/12/2005) 70 Supplemental ANSWER to Amended Complaint (2nd) by USDA Forest Service.(Nasrullah, Habib) (Entered: 10/12/2005) 71 NOTICE of Entry of Appearance by Roxane J. Perruso on behalf of USDA Forest Service (Perruso, Roxane) (Entered: 10/19/2005) 72 NOTICE of Entry of Appearance by Terry Fox on behalf of USDA Forest Service (Fox, Terry) (Entered: 10/20/2005) 73 NOTICE re [6] Social Security Administrative Record Supplementation of the Administrative Record by Defendant USDA Forest Service (Attachments: # 1 Appendix Photo Number 1# 2 Appendix Photo Number 2# 3 Appendix Photo Number 3# 4 Appendix Photo Number 4# 5 Appendix Photo Number 5# 6 Appendix Photo Number 6# 7 Appendix Photo Number 7# 8 Appendix Photo Number 8# 9 Appendix FOIA Letter)(Perruso, Roxane) (Entered: 10/20/2005) 74 Proposed Scheduling Order (Second Amended) Stipulated by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC, Plaintiffs San Luis Valley Ecosystem Counsel, Nancy Albright, James Martin, Jerre Guthals, Steve Lewis, Antlers Rio Grande Lodge, Inc., Charles C. Powers, Defendant USDA Forest Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Soice, Jennifer) (Entered: 10/20/2005) 75 SECOND AMENDED STIPULATED SCHEDULING ORDER:

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Plaintiffs have requested that the Defendant, U.S. Forest Service, supplement the administrative record as set forth in this Order. The parties stipulate to the inclusion of these documents in the administrative record and stipulate to their authenticity as set forth in this Order. Defendant shall file a notice supplementing the record with these documents no later than October 24 (2005). Plaintiffs hereby withdraw their motion for leave to conduct discovery [48] and their amended motion for leave to conduct discovery [56]. 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. Signed by Judge John L. Kane on 10/20/05. (lam, ) (Entered: 10/21/2005) 10/24/2005 76 MOTION to Withdraw as Attorney Habib Nasrullah by Defendant USDA Forest Service. (Attachments: # 1 Proposed Order (PDF Only)) (Nasrullah, Habib) (Entered: 10/24/2005) 77 Minute ORDER granting 76 Motion to Withdraw as Attorney. Attorney Habib Nasrullah terminated, by Judge John L. Kane on 10/25/05. (gms, ) (Entered: 10/25/2005) 78 Minute Entry for proceedings held before Judge John L. Kane : Status Conference held on 10/28/2005. With regard to [25] Motion to Dismiss filed by ALXCHNG, LLC, CNXCHNG, LLC, Rio Oxbow Ranch, Inc. and [11] Motion to Dismiss filed by USDA Forest Service, the court finds there is standing. (Court Reporter Adrienne Whitlow.) (gms, ) (Entered: 11/01/2005) 79 ORDER denying [11] Motion to Dismiss, denying [25] Motion to Dismiss, pursuant to the minutes by Judge John L. Kane on 10/28/05. Text only entry - no document attached. (gms, ) (Entered: 11/01/2005) 80 SUPPLEMENTATION to [6] Administrative Record by Defendant USDA Forest Service. (Conventionally filed) Text only entry - no document attached. (gms, ) (Entered: 11/16/2005) 81 ADMINISTRATIVE RECORD (Text Only Entry - Available in other format at the Clerk's Office) by Plaintiff Charles C. Powers. (Powers, Charles) (Entered: 12/12/2005) 82 BRIEF re [6] Administrative Record Opening Brief by Plaintiff Charles C. Powers. (Powers, Charles) (Modified on 12/14/2005 to remove the words "Social Security") (gms, ). (Entered: 12/13/2005) 83 Docket Annotation re: 81 ADMINISTRATIVE RECORD. This document is not an administrative record, it is actually the initial brief. Counsel has re-filed using the appropriate event. Text only entry - no document attached. (gms, ) (Entered: 12/14/2005)

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https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?258648708062804-L_353_0-1

7/17/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

Filed 07/17/2007

Page 12 of 15 Page 12 of 15

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84 Docket Annotation re: 82 Brief. This docket entry was modified to remove the words "Social Security" from the text. Text only entry - no document attached. (gms, ) (Entered: 12/14/2005) 85 AFFIDAVIT re 82 Brief by Plaintiff Charles C. Powers. (Attachments: # 1 Affidavit Albright# 2 Affidavit Antlers# 3 Affidavit Guthals# 4 Affidavit Martin# 5 Affidavit SLV Eco System)(Powers, Charles) Stricken pursuant to the minute order of 1/5/06 (Modified on 1/5/2006 to indicate stricken)(gms, ). (Entered: 12/21/2005) 86 RESPONSE to Motion re 85 Notice of Filing Affidavits filed by Defendant USDA Forest Service. (Attachments: # 1 Exhibit a# 2 Exhibit b# 3 Exhibit c# 4 Exhibit d)(Fox, Terry) (Modified on 1/6/2006 to correct linkage, clarify text and correct description of attachment)(gms, ). (Entered: 01/04/2006) 87 MINUTE ORDER striking the Notice of Filing of 85 Affidavits filed by Charles C. Powers, by Judge John L. Kane on 1/5/06. (gms, ) (Entered: 01/05/2006) 88 Docket Annotation re: 86 Response to Motion. This docket entry was modified to correct linkage and an attachment description and to clarify the text. Text only entry - no document attached. (gms, ) (Entered: 01/06/2006) 89 First MOTION for Reconsideration of 87 Minute Order by Plaintiff Charles C. Powers. (Attachments: # 1)(Powers, Charles) (Modified on 1/17/2006 to correct linkage to Doc #87) (gms, ). (Entered: 01/16/2006) 90 Docket Annotation re: 89 First MOTION for Reconsideration. This docket entry was modifed to correct the linkage from Doc 86 to Doc #87. Text only entry - no document attached. (gms, ) (Entered: 01/17/2006) 91 Minute ORDER granting Plaintiff's 89 Motion for Reconsideration of Minute Order Striking Plainatiff's Affidavits, to the extent Plaintiffs interpret theMinute Order as having stricken the affidavits, rather than the "Notice" to which they were attached. It did not. Plaintiffs' shall have until February 1, 2006 to comply with Local Rule 7.1A and file a Motion to Supplement the Record with the subject affidavits, by Judge John L. Kane on 1/18/06. (gms, ) (Entered: 01/18/2006) 92 STIPULATION for Extension of Time on Briefing Schedule and Standing Declarations by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC, Plaintiffs San Luis Valley Ecosystem Counsel, Nancy Albright, James Martin, Jerre Guthals, Steve Lewis, Antlers Rio Grande Lodge, Inc., Charles C. Powers, Defendant USDA Forest Service. (Attachments: # 1 Appendix Proposed Order) (Fox, Terry) (Entered: 01/26/2006) 93 ORDER Re: Joint 92 Stipulation Concerning Standing Affidavits. Adm Defendants and Intervenor's Brief due by 2/15/2006. Adm Plaintiff Reply Brief due by 3/7/2006. re: [6] Social Security Administrative Record . Signed by Judge John L. Kane on 1/27/06. (gms, ) (Entered: 01/27/2006)

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https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?258648708062804-L_353_0-1

7/17/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

Filed 07/17/2007

Page 13 of 15 Page 13 of 15

01/27/2006

94 Utility Setting/Resetting Deadlines/Hearings: Adm Defendants Brief due by 2/15/2006. Adm Plaintiff Reply Brief due by 3/7/2006, pursuant to order of 1/27/06. Text only entry - no document attached. (gmssl, ) (Entered: 02/03/2006) 95 DEFENDANT'S RESPONSE BRIEF re [6] Administrative Record by Defendant USDA Forest Service. (Attachments: # 1 Attachment A March 9, 2004 Letter# 2 Attachment B - March 19, 2004 Letter# 3 Attachment C - Albuquerque v. USDOI# 4 Attachment D - RIPRAP) (Fox, Terry) (Modified on 2/16/2006 to correct linkage from Doc #81 to Doc #6) (gms, ). (Entered: 02/15/2006) 96 Response BRIEF re [6] Administrative Record by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC. (Attachments: # 1 Continuation of Main Document Defendant Intervenors' Response Brief pages 11 - 44# 2 Exhibit A# 3 Exhibit Response Brief Exhibit B# 4 Exhibit Response Brief Exhibit C# 5 Exhibit Response Brief Exhibit D# 6 Exhibit Response Brief Exhibit E# 7 Exhibit Response Brief Exhibit F# 8 Exhibit Response Brief Exhibit G) (Soice, Jennifer) (Modified on 2/16/2006 to correct linkage from Doc 82 to Doc 6 and to clarify the text)(gms, ). (Entered: 02/15/2006) 97 Docket Annotation re: 96 Brief 95 Defendants Response Brief. These docket entries were modified to correct the linkage to Doc #6, the Administrative Record to which these briefs relate. Text only entry - no document attached. (gms, ) (Entered: 02/16/2006) 98 PLAINTIFF'S REPLY BRIEF re 81 Administrative Record by Plaintiff Charles C. Powers. (Powers, Charles) (Entered: 03/02/2006) 99 LETTER REASSIGNING CASE. Case reassigned to Judge Marcia S. Krieger for all further proceedings. Judge John L. Kane is no longer assigned to case. (gms, ) (Entered: 03/07/2006) 100 MOTION for Hearing/Conference by Plaintiff San Luis Valley Ecosystem Counsel. (Powers, Charles) (Entered: 03/09/2006) 101 ORDER Setting Oral Argument on Administrative Appeal, Denying as moot 100 Pla's Unopposed Motion for Hearing; A 2 hour oral argument is set for September 1, 2006 at 9:00 a.m. in the United States District Court for the District of Colorado, Courtroom A901, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Signed by Judge Marcia S. Krieger on 3/20/06. (erv, ) (Entered: 03/20/2006) 102 Utility Setting Hearings: Text only entry - no document attached. Oral Argument set for 9/1/2006 09:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. (erv, ) (Entered: 03/20/2006) 103 NOTICE re 95 Administrative Record - Defendants Response Brief, DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF ITS RESPONSE BRIEF by Defendant USDA Forest Service (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Fox, Terry) (Entered: 08/14/2006)

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https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?258648708062804-L_353_0-1

7/17/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

Filed 07/17/2007

Page 14 of 15 Page 14 of 15

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104 DEFENDANT'S RESPONSE BRIEF re 81 Administrative Record by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC. (White, Charles) (Entered: 08/15/2006) 105 NOTICE re 96 Brief,, Notice of Supplemental Authority by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC (White, Charles) (Entered: 08/15/2006) 106 Docket Annotation re: 104 Administrative Record - Defendants Response Brief. This entry was made using the wrong event. Counsel have re-filed using the appropriate event as Doc #105. Text only entry - no document attached. (gms, ) (Entered: 08/16/2006) 107 Appellant's REPLY to Defendant's Notice of Supplemental Authority in Support of Its Response Brief 105 by Plaintiffs San Luis Valley Ecosystem Counsel, Nancy Albright, James Martin, Jerre Guthals, Steve Lewis, Antlers Rio Grande Lodge, Inc., Charles C. Powers (Powers, Charles) Modified on 8/23/2006 to create linkage and clarify the text. (gms, ). (Entered: 08/22/2006) 108 Docket Annotation re: 107 Appellant's Reply Brief. This docket entry was modified to create a linkage to Doc #105 and clarify the text. Text only entry - no document attached. (gms, ) (Entered: 08/23/2006) 109 NOTICE of Name Change for Counsel by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC (Soice, Jennifer) (Entered: 08/28/2006) 110 NOTICE of Supplemental Authority re 98 Plaintiffs Reply Brief by Plaintiff Charles C. Powers (Powers, Charles) Modified on 8/29/2006 to clarify the title (gms, ). (Entered: 08/28/2006) 111 Docket Annotation re: 110 Notice (Other). This docket entry was modified to clarify the title. Text only entry - no document attached. (gms, ) (Entered: 08/29/2006) 112 RESPONSE to 110 Notice (Other) DEFENDANT'S RESPONSE TO PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY by Defendant USDA Forest Service. (Fox, Terry) (Entered: 08/30/2006) 113 Corrected 112 Response to 110 Notice OF SUPPLEMENTAL AUTHORITY by Defendant USDA Forest Service. (Fox, Terry) Modified on 9/1/2006 to clarify the title of this document (gms, ). (Entered: 08/31/2006) 114 Docket Annotation re: 113 Response. This docket entry was modified to clarify the title of this document. Text only entry - no document attached. (gms, ) (Entered: 09/01/2006) 115 Minute Entry for proceedings held before Judge Marcia S. Krieger : Oral Argument Hearing held on 9/1/2006. (Court Reporter Paul Zuckerman.) (mskcd, ) (Entered: 09/06/2006) 116 MEMORANDUM OPINION and Order Reversing Agency Decision and

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05/17/2007

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?258648708062804-L_353_0-1

7/17/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-01071-MSK Document 119-3

Filed 07/17/2007

Page 15 of 15 Page 15 of 15

Remanding for Further Proceedings Decision to issue a finding of no significant impact and consequent decision to approve the exchange are reversed and matter is remanded to agency for preparation of EIS. Clerk to close this case. Signed by Judge Marcia S. Krieger on 5/17/07. (gms, ) (Entered: 05/17/2007) 06/11/2007 117 Stipulation of Dismissal of all claims by Nancy Albright by Intervenor Defendants CNXCHNG, LLC, Rio Oxbow Ranch, Inc., ALXCHNG, LLC, Plaintiff Nancy Albright, Defendant USDA Forest Service. (gms, ) (Entered: 06/11/2007) 118 NOTICE OF APPEAL as to 116 Memorandum & Opinion, by Defendant USDA Forest Service (Fox, Terry) (Entered: 07/16/2007)

07/16/2007

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?258648708062804-L_353_0-1

7/17/2007