Town of Superior, The v. United States Fish and Wildlife Service et al

Filing 53

ORDER granting in part and denying in part 26 Motion to Intervene by Judge Philip A. Brimmer on 6/29/12. Jefferson Parkway Public Highway Authority is granted permission to intervene as a defendant in this matter. (dkals, ) Modified on 6/29/2012 to correct judge and add text (dkals, ).

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 11-cv-03294-PAB (consolidated with Civil Action Nos. 12-cv-00034-PAB and 12-cv-00388-PAB) THE TOWN OF SUPERIOR, a Colorado municipality, Plaintiff, v. UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants. ORDER This matter is before the Court on unopposed motion to intervene [Docket No. 26] filed by the Jefferson Parkway Public Highway Authority (“JPPHA”). The Court is aware of the motion’s premises and will grant JPPHA’s motion to the extent it seeks to intervene in this case. JPPHA also seeks to intervene in consolidated Civil Action No. 12-cv-00034-PAB. Because the cases are consolidated for all purposes and this case is the lead case, the Court will deny JPPHA’s motion as moot to the extent it seeks to intervene in Civil Action No. 12-cv-00034. For the foregoing reasons, it is ORDERED that the unopposed motion to intervene [Docket No. 26] filed by the Jefferson Parkway Public Highway Authority is GRANTED in part and DENIED in part. Jefferson Parkway Public Highway Authority is granted permission to intervene as a defendant in this matter. DATED June 29, 2012. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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