National Ski Areas Association, Inc. v. United States Forest Service et al

Filing 35

ORDER. Because Defendants' Motion to Strike 29 could require weighing the credibility and relevance of evidence, determinations bearing directly on the merits of the arguments presented in Plaintiff's opening brief on the merits, it should be assigned to a district judge pursuant to D.C.Colo.LCivR 40.1A before completion of pre-merits briefing on the AP Docket, by Judge John L. Kane on 7/10/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane

Civil Case No. 12-cv-00048-AP

NATIONAL SKI AREAS ASSOCIATION, INC.,
Plaintiff
v.
UNITED STATES FOREST SERVICE, an agency of the United States Department of
Agriculture,
UNITED STATES DEPARTMENT OF AGRICULTURE, and
HARRIS SHERMAN, Under Secretary for Natural Resources and Environment of United
States Department of Agriculture
Defendants.

ORDER
Kane, J.
This case has been properly assigned to this court’s AP docket, pursuant to
D.C.Colo.LCivR 40.1D. Because Defendants’ Motion to Strike (doc. 29) could require weighing
the credibility and relevance of evidence, determinations bearing directly on the merits of the
arguments presented in Plaintiff’s opening brief on the merits, it should be assigned to a district
judge pursuant to D.C.Colo.LCivR 40.1A before completion of pre-merits briefing on the AP
Docket.
Nevertheless, this case shall be governed by this court’s AP Rules. Specifically, “[a]
scheduling conference pursuant to D.C.Colo.LCivR 16.1 will not be conducted.”

D.C.Colo.LAPR 16.1A. Instead, “the parties will be directed to file a Joint Case Management
Plan.” Id.; see also Appendix F.4. Finally, “[m]otions for summary judgment shall not be
filed.” D.C.Colo.LAPR 16.1B.

Dated: July 10, 2012

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