Western Energy Alliance v. United States Bureau of Land Management

Filing 20

ORDER Approving 19 Joint Motion to Set Aside Termination of Case and for Briefing Schedule. The docket text entry [# 18 ] terminating this case isWITHDRAWN. This case is RE-OPENED. The Stipulation for Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(Ii) [#17] filed February 4, 2014, is APPROVED. By Judge Robert E. Blackburn on 2/5/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02814-REB-CBS
WESTERN ENERGY ALLIANCE, a Colorado non-profit organization,
Plaintiff,
v.
BUREAU OF LAND MANAGEMENT, a federal agency within the United States
Department of the Interior,
Defendant.

ORDER APPROVING JOINT MOTION TO SET ASIDE
TERMINATION OF CASE AND FOR BRIEFING SCHEDULE
Blackburn, J.
This matter is before me on the following: (1) the Stipulation for Dismissal
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(Ii) [#17]1 filed February 4, 2014; and (2) the Joint
Motion to Set Aside Termination of Case and to Request Briefing Schedule for
Attorneys’ Fees [#19] filed February 5, 2014. I approve the stipulation and grant the
motion.
On February 4, 2014, the parties filed their Stipulation for Dismissal Pursuant to
Fed. R. Civ. P. 41(a)(1)(A)(Ii) [#17]. The parties have stipulated to the dismissal of the
substantive claims of the plaintiff, but ask the court to retain jurisdiction to resolve the claim
of the plaintiff for recovery of attorney fees and costs against the defendant. The parties
propose a briefing schedule concerning the issue of attorney fees. Based on the

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“[#17]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

stipulation, this case was terminated [#18] on the docket of the court. As noted in the
motion of the parties [#19], this case should not be terminated until the issue of attorney
fees is resolved.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion to Set Aside Termination of Case and to Request
Briefing Schedule for Attorneys’ Fees [#19] filed February 5, 2014, is GRANTED;
2. That under FED. R. CIV. P. 60, the docket text entry [#18] terminating this case is
WITHDRAWN;
3. That this case is RE-OPENED;
4. That the Stipulation for Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(Ii)
[#17] filed February 4, 2014, is APPROVED;
5. That the two claims of the plaintiff, as stated in the complaint [#1] are
DISMISSED based on the Stipulation for Dismissal Pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii) [#17] filed February 4, 2014;
6. That the parties SHALL BRIEF the issues of the entitlement of the plaintiff to
recover attorney fees and costs from the defendant and the amount of those fees and
costs;
7. That the motion of the plaintiff concerning attorney fees and costs shall be filed
by March 4, 2014, the response of the defendant shall be filed by March 25, 2014, and the
reply of the plaintiff shall be filed by April 8, 2014.
Dated February 5, 2014, at Denver, Colorado.
BY THE COURT:

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