WildEarth Guardians v. Public Service Company of Colorado

Filing 56

Minute Entry for proceedings held before Judge Walker D. Miller: Motion Hearing held on 1/26/2010. Granting 33 Motion for Order; Denying 51 Motion for TRO; Granting 9 Motion for Order; The Motion for Preliminary Injunction [#37] is still pending. Counsel are to contact chambers to schedule a hearing on the Defendant's Motion to Dismiss. (Court Reporter Kara Spitler.) (gkram)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Courtroom Deputy: Ginny Kramer Court Reporter: Kara Spitler Civil Action No. 09-cv-01576-WDM Parties: WILDEARTH GUARDIANS a New Mexico non-profit corporation Plaintiff, vs. PUBLIC SERVICE COMPANY OF COLORADO doing business as Xcel Energy Defendant. COURTROOM MINUTES Hearing Regarding - Motion for Temporary Restraining Order 10:10 a.m. Court in session. Colin Deihl William Bumpers Jacy Rock Lauren Buehler Counsel: Kevin Lynch Sarah Coleman Christopher Brown Date: January 26, 2010

Appearances of counsel. Opening statements by the Court. Court and counsel discuss pending motions. It was ORDERED: 1. That the Defendant's Motion for Order to Take Judicial Notice of Administrative and Judicial Records [#9] filed August 7, 2009, is GRANTED.

2.

That the Defendant's Unopposed Motion for Order to Take Judicial Notice of Additional Administrative Record [#33] filed October 16, 2009, is GRANTED.

Oral argument as to the plaintiff's Motion for Temporary Restraining Order. Argument by Mr. Brown, for the plaintiff. Argument by Ms. Coleman, for the plaintiff. Argument by Mr. Bumpers, for the defendant. Rebuttal argument by Mr. Lynch, for the plaintiff. 11:08 a.m. 3:20 p.m. Court in recess and shall reconvene at 3:00 p.m. Court in session.

Court enters Findings of Fact, Conclusions of Law, and orders. It was ORDERED: 1. 2. 2. That the plaintiff's Motion for Temporary Restraining Order [#51] filed January 19, 2010, is DENIED for reasons as stated on the record. That the Motion for Preliminary Injunction [#37] filed October 28, 2009, is still pending. That counsel are to contact chambers to schedule a hearing on Defendant's Motion to Dismiss. Court in recess.

3:43 p.m.

Total in-court time: 1 hour and 21 minutes Hearing concluded.