San Luis Valley Ecosystem Council v. United States Fish and Wildlife Service

Filing 59

Minute Entry for proceedings held before Judge Walker D. Miller: Status Conference held on 2/11/2009. Granting 48 Plaintiff's Motion to Reopen Case; granting 49 Motion to Supplement Complaint on the condition that an amended complaint be fi led. Amended complaint to be filed within 45 days, defendant to respond within 30 days thereafter. Denying 51 Defendant's Motion to Strike Plaintiff's Motion for Preliminary Injunction and Motion to Supplement Complaint. Granting oral motion to intervene by Lexam Explorations. Mr. Bailey to file written motion and proposed order ( 57 Motion to Intervene). Counsel to file positions on recusal issue by 2/18/09. Supplement to motion for preliminary injunction due 2/23/09, response due 30 days thereafter, reply due 15 days thereafter. Intervenor to follow defendant's schedule.(Court Reporter Kara Spitler.) (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Walker D. Miller Courtroom Deputy: LaDonne Bush Court Reporter: Kara Spitler Date: February 11, 2009

Civil Action No. 07-cv-00945-WDM-MEH Parties SAN LUIS VALLEY ECOSYSTEM COUNCIL, Plaintiff, v. UNITED STATES FISH AND WILDLIFE SERVICE, Defendant. Stephen Taylor Jennifer Riggs Counsel Travis Stills

COURTROOM MINUTES Status Conference 9:02 a.m. Court in session.

Mr. Stills appears by telephone. Court's preliminary comments. ORDERED: 1. 2. Plaintiffs Motion to Reopen Litigation and Request for Status Conference (Doc. 48) is granted. Motion to Supplement Complaint (Doc. 49) is granted on the condition that an amended complaint be filed. An amended complaint shall be filed within 45 days. Defendant shall respond

within 30 days thereafter. 3. Defendant's Motion to Strike Plaintiff's Motion for Preliminary Injunction and Motion to Supplement Complaint (Doc. 51) is denied.

Discussion regarding the oral motion by David Bailey on behalf of Lexam Explorations to intervene. ORDERED: Oral motion to intervene by Lexam Explorations is granted. Mr. Bailey shall file a written motion and proposed order. Mr. Bailey and Melissa Meirink appear on behalf of Lexam Explorations. Court's comments regarding the possibility of recusal. ORDERED: For the reasons stated on the record, counsel shall file their positions on the recusal issue by February 18, 2009. ORDERED: The supplement to the motion for preliminary injunction not exceeding 30 pages shall be filed by February 23, 2009. Defendant's response not exceeding 30 pages shall be filed within 30 days thereafter. Plaintiff has 15 days to file a reply brief. Intervenor shall follow Defendant's schedule. 9:32 a.m. Court in recess.

Time: 00:32 Hearing concluded.

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