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

Filing 80

ORDER Re Motion to Supplement and Complete Record 54 . SS Plaintiffs Brief due by 8/31/2012. SS Defendants Brief due by 10/1/2012. SS Plaintiffs Reply Brief due by 10/16/2012, by Judge John L. Kane on 8/15/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 11-cv-3294-JLK-AP(consolidated with Civil Action Nos. 12-cv-00034-JLKAP and 12-cv-00388-JLK-AP)
TOWN OF SUPERIOR, a Colorado municipality, et al.,
Plaintiffs,
v.
UNITED STATES FISH AND WILDLIFE SERVICE, et al.,
Defendants, and
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON,
COLORADO,
CITY OF ARVADA,
JEFFERSON PARKWAY PUBLIC HIGHWAY AUTHORITY,
NATURAL RESOURCE TRUSTEES OF THE STATE OF COLORADO, and
THE BOARD OF LAND COMMISSIONERS OF THE STATE OF COLORADO,
Defendant-Intervenors.

This document relates to ALL of the Consolidated Cases

ORDER RE MOTION TO SUPPLEMENT AND COMPLETE RECORD (Doc. 54)
Kane, J.
Having completed my in camera review of the three binders of documents withheld or
redacted by the Federal Respondents, I conclude the documents were properly withheld or
redacted and are generally exempt from disclosure under the attorney-client privilege. Should
grounds arise as would warrant a discreet challenge to a particular document or redaction under
the waiver or other standards articulated in WildEarth Guardians v. Forest Service, 713 F.
Supp.2d 1243, 1265 (D. Colo. 2010), counsel may file a motion and I will consider it. Having

spent several hours reviewing and comparing each of the withheld and redacted documents with
the privilege log, my overall impression is that the record-withholding decisions were carefully
and conscientiously made.
In accordance with the briefing schedule proposed in the July 24 Amendment to the
JCMP (Doc. 71), Plaintiffs’ opening briefs are due ON OR BEFORE August 31, 2012. Briefing
shall proceed thereafter as set forth in the Amendment.
Dated August 15, 2012.
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE

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