State of New Mexico v. United States Environmental Protection Agency
Filing
1101
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson granting 1868 in 1:18-md-02824-WJ) Joint MOTION to Extend (other) Stays of Litigation Between the United States and the Allen Plaintiffs, and the United States and the McDan iel Plaintiffs : (626 in 1:18-cv-00744-WJ-KK, 653 in 1:17-cv-00710-WJ-SCY, 1868 in 1:18-md-02824-WJ) Joint MOTION to Extend (other) Stays of Litigation Between the United States and the Allen Plaintiffs, and the United States and the M cDaniel Plaintiffs. Related document(s): (626 in 1:18-cv-00744-WJ-KK, 653 in 1:17-cv-00710-WJ-SCY, Associated Cases: 1:18-md-02824-WJ, 1:16-cv-00465-WJ-LF, 1:16-cv-00931-WJ-LF, 1:17-cv-00710-WJ-SCY, 1:18-cv-00319-WJ, 1:18-cv-00744-WJ-KK, 1:22-cv-00046-WJ-KK (bap)
Case 1:16-cv-00465-WJ-LF Document 1101 Filed 01/19/23 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN RE: GOLD KING MINE RELEASE
IN SAN JUAN COUNTY, COLORADO,
ON AUGUST 5, 2015
No. 1:18-md-02824-WJ
This Document Relates to All Cases
MEMORANDUM OPINION AND ORDER
GRANTING JOINT MOTION TO EXTEND STAY
On October 17, 2022, the Court granted a joint motion for a 90-day stay, through January
17, 2023, of litigation between the United States and the Allen Plaintiffs and the United States and
the McDaniel Plaintiffs to allow them to finalize and implement their settlements. See Doc. 1834.
The United States, the Allen Plaintiffs and the McDaniel Plaintiffs now seek a 30-day
extension of the stay, through February 17, 2023, to allow for substitution of appropriate parties
for deceased Plaintiffs and to submit settlement packages to the appropriate officials in the United
States Department of Justice, which will allow the United States to execute the settlement
agreements. See Joint Motion to Extend Stays of Litigation Between the United States and the
Allen Plaintiffs and the United States and the McDaniel Plaintiffs, Doc. 1868, filed January 13,
2023. The United States "expects a decision on approval in short order" once the settlement
packages are submitted to the officials.
Environmental Restoration, Weston Solutions, Sunnyside Gold and the Navajo Nation
consent to the Motion to extend the stay. Harrison Western and New Mexico do not object. Utah
and the Kinross Defendants take no position.
IT IS ORDERED that the Joint Motion to Extend Stays of Litigation Between the United
States and the Allen Plaintiffs and the United States and the McDaniel Plaintiffs, Doc. 1868, filed
January 13, 2023, is GRANTED. The United States, the Allen Plaintiffs and the McDaniel
Plaintiffs shall file a notice when the settlement agreements have been executed. If either of the
Case 1:16-cv-00465-WJ-LF Document 1101 Filed 01/19/23 Page 2 of 2
settlement agreements has not been executed by February 17, 2023, the relevant Parties shall file
a status report on those settlements on February 17, 2023.
________________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
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