Center for Biological Diversity et al v. U.S. Fish and Wildlife Service et al

Filing 24

ORDER Granting 23 the Board of County Commissioners of the County of Gunnison, Colorado and the Gunnison County Stockgrowers Association, Inc. (collectively Gunnison Plaintiff-Intervenors) Unopposed Joint Motion to Intervene, by Judge John L. Kane on 7/6/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-130
(Consolidated with Civil Action No. 1:15-cv-131 and Civil Action No. 1:15-cv-286)
IN re GUNNISON SAGE-GROUSE ENDANGERED SPECIES ACT LITIGATION
Civil Action No.1:15-cv-286 - ONLY
THE STATE OF COLORADO by and through the Colorado Department of Natural
Resources, the Division of Parks and Wildlife, and the Parks and Wildlife Commission,
Plaintiff
v.
UNITED STATES FISH AND WILDLIFE SERVICE,
DANIEL ASHE, in his official capacity as Director of the United States Fish and
Wildlife Service,
SALLY JEWELL, in her official capacity as Secretary of the United States Department
of the Interior,
Defendants
ORDER GRANTING UNOPPOSED JOINT MOTION BY GUNNISON COUNTY
AND THE GUNNISON COUNTY STOCKGROWERS’ ASSOCIATION TO
INTERVENE AS PLAINTIFF-INTERVENORS AND TO BRING ADDITIONAL
CLAIMS IN CIVIL ACTION NO. 1:15-CV-286

This matter is currently before me on the Board of County Commissioners of the
County of Gunnison, Colorado and the Gunnison County Stockgrowers’ Association, Inc.
(collectively “Gunnison Plaintiff-Intervenors”) Unopposed Joint Motion to Intervene and
To Bring Additional Claims in Civil Action No. 1:15-cv-286 (Doc. 23). The Gunnison
Plaintiff-Intervenors seek to jointly intervene in this matter pursuant to either Fed. R. Civ.

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P. 24(a)(2) (allowing intervention as a matter of right) or Fed. R. Civ. P. 24(b)(1)(B)
(allowing permissive intervention). Plaintiff and Defendants do not oppose Gunnison
Plaintiff-Intervenors’ intervention in this litigation.
I find that the Gunnison Plaintiff-Intervenors have satisfied the requirements of
Fed. R. Civ. P. 24(a)(2), and their Unopposed Joint Motion Seeking Leave to Intervene
and Bring Additional Claims in Civil Action No. 1:15-cv-286 (Doc. 23) is GRANTED.
The clerk shall enter their Complaint/Petition in Intervention with Additional Claims
attached to their Motion to Intervene.
In the interest of the efficient conduct of the proceedings, San Juan County, Utah
v. United States, 503 F.3d 1163, 1189 (10th Cir. 2007), the Gunnison PlaintiffIntervenors’ participation in these proceedings will be subject to the following
limitations:
1.

Counsel for Plaintiff and counsel for Gunnison Plaintiff-Intervenors must

confer before filing any motion, responsive filing, or brief to determine whether their
positions may be set forth in a consolidated fashion.
2.

Gunnison Plaintiff-Intervenors may file separate motions, responsive

filings, or briefs only to raise arguments or issues Plaintiff declines to address adequately
in its filings.
3.

Any separate filings must include a Certificate of Compliance with the

condition requiring the Gunnison Plaintiff-Intervenors to confer with counsel for Plaintiff

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before filing, and a statement that the issues raised are not adequately covered by
Plaintiff’s position.

Dated: July 6, 2015

s/ John L. Kane
Senior U.S. District Judge

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