WildEarth Guardians v. Guertin et al

Filing 13

ORDER granting 12 Joint Motion to Continue Stay of All Proceedings until 30 days after decision by U.S. District Court for the District of Columbia, by Judge John L. Kane on 5/20/11.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 10-cv-1959-AP
WILDEARTH GUARDIANS,
Petitioner,
v.
STEVE GUERTIN, in his official capacity as director
of U.S. Fish & Wildlife Service’s Mountain-Prairie Region; et al.,
Respondent.

ORDER

I have twice granted stays in this matter, once on January 3, 2011 and again on March 11,
2011, because the parties were engaged in ongoing settlement negotiations that they believed
could possibly resolve the claims in this case. The parties have again moved for a stay, this time
because they have reached a settlement agreement in another case that, if approved by the court in
that case, may result in a subsequent agreement to dismiss Plaintiff’s claim in this case.
The interest of judicial economy favors the requested stay. Should the settlement
negotiations prove successful, further litigation of these claims would prove unnecessary.
Therefore, good cause appearing, the parties’ Joint Motion to Continue Stay of all Proceedings
(doc. 12) is GRANTED.
This matter will be stayed until thirty (30) days after a decision by the U.S. District Court
for the District of Columbia on the parties’ Joint Motion for Approval of Settlement in In re
Endangered Species Act Section 4 Deadline Litig., Misc. Action No. 10-377 (EGS), MDL Docket
No. 2165 (D.D.C.), at which time the parties shall submit either (1) a stipulated agreement and
joint motion to dismiss this case with prejudice; or (2) a status report and proposed schedule for

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resolving this matter on the merits.

Dated: May 20, 2011

BY THE COURT:
/s/ John L. Kane
Senior U.S. District Judge

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