National Ski Areas Association, Inc. v. United States Forest Service et al

Filing 55

MINUTE ENTRY for Oral Argument held before Judge William J. Martinez: ORDERED: Defendants' Motion To Strike Exhibits Two and Four from Plaintiff's Opening Brief 29 is GRANTED IN PART AND DENIED IN PART. The Motion is DENIED with respe ct to Exhibit Two to Plaintiff's Opening Brief 19 . The Motion is GRANTED with respect to Exhibit Four. Exhibit Four to Plaintiff's Opening Brief 15 is STRICKEN. ORDERED: Plaintiff's Motion to Supplement the Record 40 is GRANTED. ORDERED:On or before Monday, November 26, 2012, the parties shall submit proposed findings of fact, conclusions of law and final judgment.ORDERED: Matter taken under advisement. Court Reporter: Gwen Daniel. (wjmcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Date: November 15, 2012 Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Action No. 12-cv-00048-WJW Counsel: NATIONAL SKI AREAS ASSOCIATION, INC., Ezekiel J. Williams Christopher S. Mills Steven K. Imig Plaintiff, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, UNITED STATES DEPARTMENT OF AGRICULTURE, and HARRIS SHERMAN, Under Secretary for Natural Resources and Environment of United States Department of Agriculture, Barclay T. Samford Lois Witte Defendants. _____________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________ ORAL ARGUMENT 11:00 a.m. Court in Session Appearances Court’s comments This matter is before the Court for oral argument on the issues and claims raised by the Plaintiff in its Amended Complaint. 11:07 Argument by Mr. Williams Court’s colloquy with Mr. Williams 11:44 Argument by Mr. Samford Court’s colloquy with Mr. Samford 12:18 Reply Argument by Mr. Williams The Court addresses two pending motions: Defendants’ Motion To Strike Exhibits Two and Four from Plaintiff’s Opening Brief (ECF No. 29) and Plaintiff’s Motion to Supplement the Record (ECF No. 40). 12:24 Argument by Mr. Williams 12:29 Argument by Mr. Samford ORDERED Defendants’ Motion To Strike Exhibits Two and Four from Plaintiff’s Opening Brief (ECF No. 29) is GRANTED IN PART AND DENIED IN PART. The Motion is DENIED with respect to Exhibit Two to Plaintiff’s Opening Brief (ECF No. 15). The Motion is GRANTED with respect to Exhibit Four. Exhibit Four to Plaintiff’s Opening Brief (ECF No. 15 ) is STRICKEN. ORDERED: Plaintiff’s Motion to Supplement the Record (ECF No. 40) is GRANTED. ORDERED: On or before Monday, November 26, 2012, the parties shall submit proposed findings of fact, conclusions of law and final judgment. ORDERED: Matter taken under advisement. 12:36 p.m. Court in Recess Hearing concluded Time: one hour and 36 minutes 2