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

Filing 57

ORDER this case is REMITTED to the Clerk for immediate random assignment to a merits judge under D.C.COLO.LCiv.R 40.1., by Judge Wiley Y. Daniel on 9/15/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 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

ORDER
Daniel, J.
THIS MATTER comes before the Court on a consolidated action under the
Administrative Procedures Act, filed January 20, 2015, involving a decision by the Fish
and Wildlife Service to list the Gunnison sage-grouse as a threatened species, rather
than an endangered species, under the Endangered Species Act.
Under the Court’s local rules of practice, D.C.COLO.LAPR 1.1. et seq., the AP
judge manages an administrative appeal through briefing, after which it is returned to
the Clerk’s Office to be drawn to a judge like any other civil case under
D.C.COLO.LCiv.R 40.1.
On July 31, 2015, the case was transferred to me from District Judge Kane as
the AP judge. In an attempt to expeditiously move this case along, I ruled on various
motions to intervene and ordered the parties to submit a proposed Joint Case
Management Plan (“JCMP”), which was filed on September 14, 2015. (ECF No. 56).
However, based on my review of the proposed JCMP, this consolidated matter is
replete with disputed procedural issues related to a global request for an extensive and

protracted briefing schedule.1 I find that resolution of the issues raised in the proposed
JCMP, coupled with the fact that this case was filed approximately 9 months ago, would
significantly impact the calendar of the assigned merits judge. Accordingly, I believe
that I should refrain from resolving such issues to avoid binding the merits judge to a
schedule or ruling which he or she may decide differently.
For the foregoing reasons, this case is REMITTED to the Clerk for immediate
random assignment to a merits judge under D.C.COLO.LCiv.R 40.1.
Dated: September 15, 2015
BY THE COURT:

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

1

Such issues include: disputes over page limitations for briefs; an opposed
request by the Federal Defendants to file a reply brief responding to arguments raised
by Defendant-Intervenors; and a request for oral argument.
-2-