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

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

Document 67

Filed 06/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-0749-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. ______________________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CLAIM FOR ATTORNEY FEES UNDER FED.R.CIV.P. 54(d)(2)(B) ______________________________________________________________________________ Plaintiffs High Country Citizens' Alliance ("HCCA"), Town of Crested Butte, and Board of County Commissioners of the County of Gunnison, Colorado ("Gunnison County"), respectfully submit this Unopposed Motion for Extension of Time To File Claim for Attorney Fees Under Fed.R.Civ.P. 54(d)(2)(B). On June 13, 2006, this Court issued a Memorandum Opinion and Judgment On the Plaintiffs' Freedom of Information Act Claim in this case ordering judgment be entered in favor of Plaintiffs on their Freedom of Information Act claim. The Freedom of Information Act

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

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provides that the Court "may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case . . . in which the complainant has substantially prevailed." 5 U.S.C. § 552(a)(4)(E). Under Fed.R.Civ.P. 54(d)(2)(B), unless otherwise ordered by the Court, Plaintiffs have fourteen (14) days from the date of the judgment to file a motion for an award of such attorney fees. Thus, any motion for attorney fees under the Freedom of Information Act is currently due on June 27, 2006. Plaintiffs submit this unopposed request for an extension of time in which to file any such motion until August 27, 2006. This extension is needed for the following reasons: 1) Lead counsel for Plaintiffs in this matter, Roger Flynn, who completed the bulk of the attorney work in litigating Plaintiffs' successful Freedom of Information Act claim is currently on an extended family vacation combined with work travel, and but for a oneday Sunday stopover at home, is not due to be back in the office until July 3. 2) Plaintiffs have contacted Federal Defendants about the prospect of Plaintiffs filing a Motion for Attorney Fees in this case, and both parties have expressed a desire to work on negotiating a possible settlement of the matter without requiring the Court's intervention. 3) Counsel for Federal Defendants, Roxane Perruso, is scheduled to be out of town on work and vacation travel from July 19 to August 1. Thus, Plaintiffs and Federal Defendants agree that an extension until August 27, 2006 for Plaintiffs to file any Motion for Attorney Fees in this case is the least amount of time necessary to allow for scheduling conflicts and give adequate time for settlement negotiations to be completed. In accordance with Local Rule 7.1(A), Plaintiffs also contacted counsel for

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Defendants Phelps-Dodge Corporation and Mount Emmons Mining Company and all Defendants consent to the extension requested in this Motion.

RESPECTFULLY SUBMITTED this 21st day of June, 2006.

/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 Fax (303) 823-5732 Attorneys for High Country Citizens' Alliance and the Town of Crested Butte, Colorado Laura Magner P. O. Box 2898 Crested Butte, CO 81224 (970) 349-7770 Fax (970) 349-9372 Attorney for the Town of Crested Butte, Colorado

/s/ Jeffrey C. Parsons/for __________________________ David Baumgarten, Thomas Dill County Attorney Gunnison County, Colorado 200 East Virginia Ave., Suite 262 Gunnison, CO 81230 (970) 641-5300 Fax (970) 641-7696 Attorney for the Board of County Commissioners of the County of Gunnison, Colorado

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Certificate of Service I, Jeffrey C. Parsons, certify that I served the following persons a copy of the foregoing by filing this by electronic means with the Court this 21st day of June, 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/ Jeffrey C. Parsons ________________ Jeffrey C. Parsons

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