Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cv-00749-MSK-PAC

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Filed 08/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-00749-MSK-PAC

HIGH COUNTRY CITIZENS' ALLIANCE; TOWN OF CRESTED BUTTE, COLORADO; BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO, Plaintiffs, v. KATHLEEN CLARKE, in her official capacity as Director of the U.S. Bureau of Land Management; RON WENKER, in his official capacity as Colorado BLM Director; U.S. BUREAU OF LAND MANAGEMENT; GALE NORTON, in her official capacity as Secretary of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; PHELPS DODGE CORPORATION; MT. EMMONS MINING COMPANY, Defendants. ______________________________________________________________________________ JOINT MOTION REQUESTING THE COURT APPROVE THE PARTIES' SETTLEMENT ______________________________________________________________________________

Plaintiffs High Country Citizens' Alliance ("HCCA"), Town of Crested Butte, and Board of County Commissioners of the County of Gunnison, Colorado ("Gunnison County") (collectively "Plaintiffs"), and Defendants Kathleen Clarke, in her official capacity as Director of the U.S. Bureau of Land Management; Ron Wenker, in his official capacity as Colorado BLM Director; Gale Norton, in her official capacity as Secretary of the Interior; and the United States Department of the Interior ("Defendants"), move this Court for an Order approving the Parties'

Case 1:04-cv-00749-MSK-PAC

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settlement and dismissing the Plaintiffs' claim for attorneys' fees under the Freedom of Information Act with Prejudice, on the following grounds: 1. Plaintiffs filed this action alleging in part that Defendants violated the Freedom of

Information Act (FOIA), 5 U.S.C. §552, with respect to Plaintiffs' two FOIA requests made to the BLM dated April 28, 2000 and August 17, 2001. 2. FOIA claim. 3. Plaintiffs assert they are entitled to their attorneys' fees in this action related to On June 13, 2006, this Court entered Judgment in favor of Plaintiffs on their

their FOIA claim. 4. The Parties have reached a settlement resolving Plaintiffs' claim for attorneys'

fees and request this Court approve the settlement as documented in the Settlement Agreement attached as Exhibit 1. WHEREFORE, the Parties request that this Court approve the Parties' settlement as documented in the Settlement Agreement and dismiss the Plaintiffs' claim for attorneys' fees under the Freedom of Information Act with prejudice.

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RESPECTFULLY SUBMITTED this 17th day of August, 2006, s/ Roger Flynn s/ Jeffrey C. Parsons Roger Flynn Jeffrey C. Parsons WESTERN MINING ACTION PROJECT P.O. Box 349 412 High Street Lyons, CO 80540 (303) 823-5738 [email protected] Attorneys for High Country Citizens' Alliance and the Town of Crested Butte, Colorado

s/ Laura Magner Laura Magner P. O. Box 2898 Crested Butte, CO 81224 (970) 349-7770 Attorney for the Town of Crested Butte, Colorado

s/ David Baumgarten David Baumgarten Thomas A. Dill 200 East Virginia Ave., Suite 262 Gunnison, CO 81230 (970) 641-5300 Attorneys for the Board of County Commissioners of the County of Gunnison, Colorado

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Case 1:04-cv-00749-MSK-PAC

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TROY A. EID United States Attorney

s/ Roxane J. Perruso Roxane J. Perruso Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0127 Facsimile: (303) 454-0404 E-mail: [email protected] Attorneys for the Federal Defendants

Certificate of Service Certificate of Service I, Roger Flynn, certify that I served the following persons a copy of the foregoing (with attachments) by filing this by electronic means with the Court this 17th day of August, 2006. Roxane Perruso Office of the United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Frank Erisman, David Steefel Holme Roberts & Owen 1700 Lincoln St., # 4100 Denver, CO 80203 /s/ Roger Flynn ________________ Roger Flynn

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