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

Filing 44

ORDER Granting 34 State of Utah and San Juan County, Utah, to Intervene as Plaintiffs in Civil Action 1:15-cv-286, by Judge Wiley Y. Daniel on 8/14/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel

Civil Action No. 1:15-cv-00130-WYD
(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
This document relates to Civil Action 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 MOTION TO INTERVENE
Daniel, J.
This matter came before the Court on the Motion for Proposed IntervenorPlaintiffs, State of Utah and San Juan County, Utah, to Intervene as Plaintiffs in Civil
Action 1:15-cv-286. (ECF No. 34). The State of Utah and San Juan County, Utah seek
to intervene either under Fed. R. Civ. P. 24(a)(2), as a matter of right, or under Fed. R.
Civ. P. 24(b)(1)(B), permissively. The request is unopposed.

I find that The State of Utah and San Jaun County, Utah have satisfied the
requirements of Fed. R. Civ. P. 24(a)(2), and the Unopposed Motion to Intervene (ECF
No. 34) is GRANTED. The State of Utah and San Juan County are entitled to intervene
in the above-captioned action as Plaintiffs. The clerk shall enter their Complaint
attached to their Motion to Intervene.
To ensure efficient conduct of proceedings, Intervenor Plaintiffs State of Utah
and San Juan County, Utah will be subject to the following limitations:
1. Counsel for Plaintiff State of Colorado and counsel for Intervenor Plaintiffs must
confer before filing any motion, responsive filing, or brief to determine whether their
positions may be set forth in a consolidated fashion.
2. Intervenor-Plaintiffs may file separate motions, responsive filings, or briefs only to
raise arguments or issues not raised by Plaintiff State of Colorado’s filings.
3. Any separate filings must include a Certificate of Compliance with the condition
requiring Intervenor Plaintiffs State of Utah and San Juan County to confer with Plaintiff
State of Colorado, and a statement that the issues raised are not adequately covered by
Plaintiff’s position.
Dated: August 14, 2015
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE