WildEarth Guardians v. Public Service Company of Colorado

Filing 61

Minute Entry for proceedings held before Judge Walker D. Miller: Motion Hearing held on 2/23/2010; Granting 60 Motion to Supplement; Taking under advisement 7 Motion to Dismiss; (Court Reporter Darlene Martinez) (gkram)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Courtroom Deputy: Ginny Kramer Court Reporter: Darlene Martinez Civil Action No. 09-cv-01576-WDM-KLM Parties: WILDEARTH GUARDIANS, a New Mexico non-profit corporation, Plaintiff, vs. PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy, Defendant. COURTROOM MINUTES Hearing Regarding - Motion to Dismiss 1:59 p.m. Court in session. Colin Deihl William Bumpers Lauren Buehler Counsel: Michael Harris Kevin Lynch Sarah Coleman Christopher Brown Date: February 23, 2010

Appearances of counsel. 2:01 p.m. 2:06 p.m. 2:08 p.m. 2:19 p.m. 2:27 p.m. Argument by Mr. William Bumpers as to the Defendant's Motion to Dismiss. Rebuttal argument by Mr. Christopher Brown, for the plaintiff. Rebuttal argument by Ms. Sarah Coleman, for the plaintiff. Response by Mr. Bumpers. Response by Mr. Brown.

Questions by the Court to Mr. Bumpers. Reply by Mr. Bumpers. It is ORDERED: 1. 2. 2:40 p.m. That the Defendant's Motion to Dismiss [#7] filed August 17, 2009, is TAKEN UNDER ADVISEMENT. The Court will issue a written order. That the Defendant's Motion to Supplement [#7] Motion to Dismiss [#60] filed February 22, 2010, is GRANTED. Court in recess.

Total in-court time: 00:41 minutes Hearing concluded. Plaintiff's Exhibit 1 is tendered to the Court and placed in the court file in chambers.

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