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

Filing 91

COURTROOM MINUTES for Motion Hearing held on 3/16/2016 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants shall redraft the privilege log and key, as discussed. The privilege log shall be filed electronically on or before April 15, 2 016. WildEarth Guardian's oral motion for attorney's costs and fees in preparation and presentation of the motion is DENIED. Plaintiff Wildearth Guardianss and Clait E. Braun's Motion and Memorandum in Support of Motion to Compel C ompletion of the Administrative Record 70 is TAKEN UNDER ADVISEMENT pending the filing of the updated privilege log, key, affidavits, if needed, and any supplemental briefing. Any supplemental briefing addressing new issues with respect to the u pdated documents filed regarding Plaintiff Wildearth Guardianss and Clait E. Braun's Motion and Memorandum in Support of Motion to Compel Completion of the Administrative Record 70 shall be limited to 10 pages and filed on or before May 13, 2016, as discussed. A response to the supplemental briefing shall be filed on or before June 10, 2015. A reply is not permitted. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

15-cv-00130-CMA-KMT
Date: March 16, 2016
(Consolidated with 15-cv-00131-KMT and 15-cv-00286-KMT)
Sabrina Grimm
FTR: Courtroom C-201

Parties:

Counsel:

CENTER FOR BIOLOGICAL DIVERSITY, and
WESTERN WATERSHEDS PROJECT,

Amy Atwood (by telephone)
William Eubanks (by telephone)

Plaintiffs,
v.
U.S. FISH AND WILDLIFE SERVICE,
DAN ASHE, in his official capacity as Director of the
U.S. Fish and Wildlife Service,
U.S. DEPARTMENT OF THE INTERIOR,
SALLY M.R. JEWELL, in her official capacity as
Secretary of the U.S. Department of the Interior,
NOAA FISHERIES,
EILEEN SOBECK, in her official capacity as Assistant
Administrator for NOAA Fisheries,
U.S. DEPARTMENT OF COMMERCE, and
PENNY PRITZKER, in her official capacity as Secretary
of Commerce,

Kristin Tita
Rickey Turner

Defendants.

COURTROOM MINUTES

MOTION HEARING
1:36 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present, Todd Tucci on behalf of WildEarth Guardians, David Halverson by phone on
behalf of the State of Utah and San Juan County, David Baumgarten and Gretchen Stuhr by
phone on behalf of Gunnison, Deborah Freeman on behalf of Gunnison County Stockgrower’s
Assocation, and Lisa Reynolds on behalf of the State of Colorado.

Discussion regarding access to documents contained on the privilege log, wavier, and attorney
client privilege.
Mr. Turner tenders a copy of the privilege log and key to the Court for review.
ORDERED: Defendants shall redraft the privilege log and key, as discussed. The
privilege log shall be filed electronically on or before April 15, 2016.
ORDERED: WildEarth Guardian’s oral motion for attorney’s costs and fees in
preparation and presentation of the motion is DENIED.
ORDERED: Plaintiff Wildearth Guardianss and Clait E. Braun’s Motion and
Memorandum in Support of Motion to Compel Completion of the
Administrative Record [70] is TAKEN UNDER ADVISEMENT pending the
filing of the updated privilege log, key, affidavits, if needed, and any
supplemental briefing.
ORDERED: Any supplemental briefing addressing new issues with respect to the updated
documents filed regarding Plaintiff Wildearth Guardianss and Clait E.
Braun’s Motion and Memorandum in Support of Motion to Compel
Completion of the Administrative Record [70] shall be limited to 10 pages
and filed on or before May 13, 2016, as discussed. A response to the
supplemental briefing shall be filed on or before June 10, 2015. A reply is
not permitted.
3:02 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:26
*To obtain a transcript of this proceeding, please contact Stevens-Koenig Reporting at 303-988-8470.

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