Kleinert et al v. Salazar et al

Filing 37

ORDER 33 Plaintiffs' Motion to Reconsider is premature and unnecessary, by Judge John L. Kane on 11/1/11.(gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 11-cv-02428-AP
JAMES KLEINERT,
SPIRIT RIDERS FOUNDATION, a New Mexico nonprofit corporation, and
DAVID GLYNN,
Plaintiffs,
v.
KENNETH SALAZAR, in his official capacity as Secretary, United States Department of
Interior,
ROBERT ABBEY, in his official capacity as Director, Bureau of Land Management,
STEVE BEVERLIN, in his official capacity as Field Manager Dolores Public Lands
Office (BLM/USFS),
SALLY E. WISELY, in her official capacity as BLM Colorado State Director,
CONNIE CLEMENTSON, in her official capacity as Field Officer Dolores Public Lands
Office (BLM/USFS), and
GREG SHOOP, in his official capacity as District Manager Royal Gorge Field Office,
Defendants.

ORDER
Kane, J.
This matter is currently before me on Plaintiffs’ Motion to Reconsider the assignment of
this case to the court’s AP docket. In support of this motion, Plaintiffs state that they intend to
file an amended complaint adding numerous non-administrative claims against Defendants.
Plaintiffs’ motion for reconsideration is premature and unnecessary. Assignment to the
AP docket does not foreclose filing of an amended complaint. Nor does it limit Plaintiffs’ ability
to seek the relief they seek. It is intended to insure the proper and expeditious treatment of
administrative claims — no more, no less. If Plaintiffs file an amended complaint, the
assignment of this case will be revisited, and it will be reassigned as warranted.
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In the meantime, the parties shall proceed as ordered. Namely, they shall file their Joint
Case Management Plan no later than November 24, 2011. Plaintiffs may include the fact that
they intend to file, or already have filed, an amended complaint containing numerous nonadministrative claims in the Joint Case Management Plan.

Dated: November 1, 2011

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

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