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Case TitleHigh Country Cit All, et al v. Clarke, et al
DistrictDistrict of Colorado
CityDenver
Case Number1:2004cv00749
Date Filed2004-04-14
Date Closed2006-06-13
JudgeChief Judge Marcia S. Krieger
PlaintiffHigh Country Citizens' Alliance
PlaintiffCrested Butte, Colorado, Town of
PlaintiffGunnison County Board of County Commissioners
DefendantKathleen Clarke in her official capacity as Director of the U.S. Bureau of Land Management
DefendantRon Wenker in his official capacity as Colorado BLM Director
DefendantBureau of Land Management
DefendantGale Norton in her official capacity as Secretary of the Interior
DefendantDepartment of Interior
DefendantPhelps Dodge Corporation
TERMINATED: 01/10/2005
DefendantMt. Emmons Mining Company
TERMINATED: 01/10/2005
Documents
Docket
Opinion/Order [63]
Opinion/Order [72]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2004-04-141COMPLAINT for declaratory and injunctive relief (Summons(es) issued) (bpm) (Entered: 04/15/2004)
2004-04-14FILING FEE PAID: on 4/14/04 in the amount of $ 150, receipt # 251146. (bpm) (Entered: 04/15/2004)
2004-04-162MEMORANDUM by Chief Judge Lewis T. Babcock advising that case is not related and is returned for reassignment by random draw (bpm) (Entered: 04/16/2004)
2004-04-163LETTER to from clerk to counsel advising of reassignment to Judge Krieger re: memo [2-1] (bpm) (Entered: 04/16/2004)
2004-04-214ORDER of Opportunity for accelerated service by Judge Marcia S. Krieger (cc: all counsel) ; entry date : 4/22/04 (erv) (Entered: 04/22/2004)
2004-04-215ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Patricia A. Coan by Judge Marcia S. Krieger (cc: counsel) (erv) (Entered: 04/22/2004)
2004-05-076MOTION by plaintiffs' for preliminary injunction Brief in support (Oral Argument requested) (erv) (Entered: 05/10/2004)
2004-05-207Joint Stipulation and MOTION by plaintiffs', defendants' to extend time to respond to Plas' Motion for Preliminary Inj and to Pla's Complaint (erv) (Entered: 05/21/2004)
2004-05-248ORDER by Judge Marcia S. Krieger granting motion to extend time to respond to Plas' Motion for Preliminary Inj and to Pla's Complaint [7-1]; Dfts response to Pla's Motion for Preliminary Inj is due on 6/29/04 and Pla's replies are due 7/16/04; Sec of the Interior and the United States Dept of the Interior shall until and incl 6/29/04 to answer or to move with regard to the complaint (cc: all counsel) ; entry : 5/25/04 (erv) (Entered: 05/25/2004)
2004-06-299RESPONSE in Opposition by defendant Mt. Emmons Mining Co, defendant Phelps Dodge Corp to motion for preliminary injunction [6-1] (erv) (Entered: 06/30/2004)
2004-06-2910RESPONSE in Opposition by defendant Kathleen Clarke, defendant BLM, defendant Ron Wenker, defendant Gale Norton, defendant DOI to motion for preliminary injunction [6-1] (erv) (Entered: 06/30/2004)
2004-06-2911Partial ANSWER by Federal defendant Kathleen Clarke, defendant Ron Wenker, defendant BLM, defendant Gale Norton, defendant DOI to complaint [1-1] (erv) (Entered: 07/01/2004)
2004-06-2912MOTION by defendant Phelps Dodge Corp, defendant Mt. Emmons Mining Co to dismiss (erv) (Entered: 07/01/2004)
2004-06-2913BRIEF by defendant Phelps Dodge Corp in support of motion to dismiss [12-1] (erv) (Entered: 07/01/2004)
2004-06-2914MOTION by defendant Kathleen Clarke, defendant Ron Wenker, defendant BLM, defendant Gale Norton, defendant DOI to dismiss for lack of jurisdiction (erv) (Entered: 07/01/2004)
2004-06-2915Certificate of Compliance by defendant Phelps Dodge Corp, defendant Mt. Emmons Mining Co re: motion to dismiss [12-1] (erv) (Entered: 07/01/2004)
2004-07-0816ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 9:00 8/12/04 (cc: all counsel) (erv) (Entered: 07/09/2004)
2004-07-1617MOTION by plaintiffs' for consolidated Oral Argument and hearing regarding the pending motions before this Ct (erv) (Entered: 07/19/2004)
2004-07-1618Unopposed MOTION by plaintiffs' for order to consolidate reply briefs (erv) (Entered: 07/19/2004)
2004-07-16Tendered Pla's Consolidated reply to Federal Dfts and Phelps Dodge/Mount Emmons Mining Company's response to Motion for Preliminary Inj submitted by plaintiff re: motion for order to consolidate reply briefs [18-1] (erv) (Entered: 07/19/2004)
2004-07-16Tendered Plas' Consolidated Resp to Federal Dfts and Phelps Dodge/Mount Emmons Mining Company's motion to Dismiss submitted by plaintiff re: motion for order to consolidate reply briefs [18-1] (erv) (Entered: 07/19/2004)
2004-07-1920ORDER by Judge Marcia S. Krieger granting Pla's unopposed motion for order to consolidate reply briefs [18-1]; Plas' may file a consolidated reply brief on their Motion for Preliminary Inj not to exceed twenty pages; Plas' may file a consolidated response brief regarding Dfts two pending motions to Dismiss, not to exceed 30 pages (cc: all counsel) ; entry date : 7/20/04 (erv) (Entered: 07/20/2004)
2004-07-1919RESPONSE in Opposition by defendant Phelps Dodge Corp, defendant Mt. Emmons Mining Co to Plas' motion for order to consolidate reply briefs [18-1], motion for consolidated Oral Argument and hearing regarding the pending motions before this Ct [17-1] (erv) (Entered: 08/17/2004)
2004-07-2024Consolidated REPLY by plaintiffs' to Federal Dfts and Phelps Dodge/Mount Emmons Minig Company's response to motion for preliminary injunction [6-1] (erv) (Entered: 08/12/2004)
2004-07-2025Consolidated RESPONSE by plaintiffs' to Federal Dfts and Phelps Dodge/Mount Emmons Mining Company's motion to dismiss for lack of jurisdiction [14-1], motion to dismiss [12-1] (erv) (Entered: 08/12/2004)
2004-07-2621RESPONSE in Opposition by Federal defendants' to Pla's motion for consolidated Oral Argument and hearing regarding the pending motions before this Ct [17-1] (erv) (Entered: 07/27/2004)
2004-08-0222REPLY by defendants' to Pla's response to motion to dismiss for lack of jurisdiction [14-1] (erv) (Entered: 08/03/2004)
2004-08-0223REPLY by defendant Phelps Dodge Corp, defendant Mt. Emmons Mining Co to Pla's Consolidated response to motion to dismiss [12-1] (erv) (Entered: 08/03/2004)
2004-08-1226COURTROOM MINUTES of Scheduling Conf by Magistrate Judge Patricia A. Coan ; rule 16 conf held on 8/12/04 ; status conf set for 11:00 4/15/05 ; entry date : 8/16/04 Court Reporter: FTR (erv) (Entered: 08/16/2004)
2004-08-1327SCHEDULING ORDER Magistrate Judge Patricia A. Coan (cc: all counsel) (erv) (Entered: 08/16/2004)
2004-08-1328NOTICE by plaintiffs' of Supplemental Authority (erv) Modified on 08/17/2004 (Entered: 08/17/2004)
2004-08-1329Consolidated REPLY by plaintiffs' to response to motion for consolidated Oral Argument and hearing regarding the pending motions before this Ct [17-1] (erv) Modified on 08/17/2004 (Entered: 08/17/2004)
2004-08-1930ORDER by Judge Marcia S. Krieger denying pla's motion for consolidated Oral Argument and hearing regarding the pending motions before this Ct [17-1] setting 3 hr evidentiary hearing on motion for preliminary injunction [6-1] 1:00 9/23/04 (cc: all counsel) ; entry date : 8/20/04 (gms) (Entered: 08/20/2004)
2004-08-2031RESPONSE by defendant Phelps Dodge Corp, defendant Mt. Emmons Mining Co to Plas' notice of Supplemental Authority [28-1] (erv) (Entered: 08/23/2004)
2004-09-0232ATTORNEY APPEARANCE for plaintiff Gunnison Cty Bd Comr by Thomas A. Dill (erv) (Entered: 09/02/2004)
2004-09-1333Witness and Exhibit list submitted by Federal defendants' for Preliminary Inj Hrg (erv) (Entered: 09/15/2004)
2004-09-1734ORDER by Judge Marcia S. Krieger setting hearing on motion to dismiss for lack of jurisdiction [14-1] 1:00 9/23/04, setting hearing on motion to dismiss [12-1] 1:00 9/23/04, motion for preliminary injunction [6-1] ; motion VACATED held at 1:00 9/23/04 (cc: all counsel) ; entry date : 9/20/04 (erv) (Entered: 09/20/2004)
2004-09-2335COURTROOM MINUTES by Judge Marcia S. Krieger taking under advisement on 9/23/04 the motion to dismiss for lack of jurisdiction [14-1], taking under advisement on 9/23/04 the motion to dismiss [12-1], taking under advisement on 9/23/04 the motion for preliminary injunction [6-1] ; entry date : 9/24/04 Court Reporter: Paul Zuckerman (pap) (Entered: 09/24/2004)
2004-10-0136MOTION by defendant Kathleen Clarke, defendant Ron Wenker, defendant BLM, defendant Gale Norton, defendant DOI for summary judgment (erv) (Entered: 10/04/2004)
2004-10-0137BRIEF by Federal defendants in support of motion for summary judgment [36-1] (erv) (Entered: 10/04/2004)
2004-10-0138MOTION by plaintiffs for summary judgment on their claims under the Freedom of Information Act (oral argument requested) (dlb) (Entered: 10/05/2004)
2004-10-0139Memorandum BRIEF by plaintiffs in support of motion for summary judgment on their claims under the Freedom of Information Act [38-1] (dlb) (Entered: 10/05/2004)
2004-11-1540RESPONSE to 36 Federal Dfts' Motion for Summary Judgment (PLACED IN OVERSIZED EXHIBITS) filed by Plaintiffs Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners, High Country Citizens' Alliance. (erv, ) (Entered: 11/18/2004)
2004-11-1541BRIEF in Support of Pla's Response to Federal Dfts Motion 40 for Sum Jgm. (erv, ) (Entered: 11/18/2004)
2004-11-1542RESPONSE to Plas' Motion 38 for Summary Judgment on their Claims under the Freedom of Information Act filed by Federal Defendants (erv, ) (Entered: 11/18/2004)
2004-11-1543BRIEF in Opposition to Plas' 38 Motion for Summary Judgment filed by Defendants Bureau of Land Management, Kathleen Clarke, Department of Interior, Gale Norton, Ron Wenker. (gms, ) (Entered: 11/18/2004)
2004-12-1444MOTION for Extension of Time to File Reply as to 40 Pla's Response to 36 Motion for Summary Judgment by Defendants Kathleen Clarke, Ron Wenker, Bureau of Land Management. (erv, ) (Entered: 12/16/2004)
2004-12-1545Submission (STATEMENT) Form of Order Granting Unopposed 44 MOTION for Extension of Time to File Reply as to 40 Response to Motion, 36 Motion for Summary Judgment by Defendant Kathleen Clarke. (erv, ) (Entered: 12/17/2004)
2004-12-1547ORDER denying Federal Dfts' Unopposed 46 Motion for Extension of Time to File Reply to Plas' Response to their Motion for Sum Jgm, w/ leave to refile w/in 10 days. Signed by Judge Marcia S. Krieger on 12/15/04. (gms, ) (Entered: 12/21/2004)
2004-12-1646Unopposed MOTION for Extension of Time to File Reply as to 38 Plas' response to Dfts Motion for Summary Judgment by Defendants Kathleen Clarke, Ron Wenker, Bureau of Land Management, Gale Norton, Department of Interior. (erv, ) (Entered: 12/20/2004)
2004-12-2048REPLY to Response to \ 36 Motion for Summary Judgment filed by Federal Defendants Kathleen Clarke, Ron Wenker, Bureau of Land Management, Gale Norton, Department of Interior. (erv, ) (Entered: 12/22/2004)
2004-12-2049ORDER granting 44 Federal Dfts Unopposed Motion for Extension of Time to File Reply to Pla's response to Motion for Sum Jgm to and incl 12/21/04 . Signed by Judge Marcia S. Krieger on 12/20/04. (erv, ) (Entered: 12/22/2004)
2004-12-2150REPLY to Response to 38 Motion for Summary Judgment filed by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners. (erv, ) (Entered: 12/23/2004)
2004-12-2151BRIEF in Support of Reply to Response to Motion 50 for Sum Jgm. (erv, ) (Entered: 12/23/2004)
2005-01-1252ORDER finding as moot 6 Motion for Preliminary Injunction, granting 12 Motion to Dismiss, granting 14 Motion to Dismiss for Lack of Jurisdiction; the caption shall be amended to delete Dfts Mt Emmons Mining Company and Phelps Dodge Corporation. Claims 1 and 3 against Dft Clarke, Wenker, BLM, Norton, and United States Dept of the Interior are Dismissed. The sole claim remaining against the Federal Dfts Claim 2. Pla's . Signed by Judge Marcia S. Krieger on 1/12/05. (erv, ) (Entered: 01/12/2005)
2005-01-1253JUDGMENT in favor of Dfts against Plas on Claims 1 and 3 as to all dfts. There is no just reason for delaying the entry of partial judgment. . Signed by Judge Marcia S. Krieger on 1/12/05. (erv, ) (Entered: 01/12/2005)
2005-01-1254Unopposed MOTION for Leave to File Surreply, by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners. (erv, ) (Entered: 01/18/2005)
2005-01-12TENDERED Surreply to 54 MOTION for Leave to File Surreply by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners. (erv, ) (Entered: 01/18/2005)
2005-01-1256SURREPLY by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners re: 38 Motion for Summary Judgment regarding the Freedom of Information Act. (erv, ) (Entered: 01/24/2005)
2005-01-1455ORDER granting 54 Pla's Motion for Leave to File Surreply regarding the Freedom Information Act. No Further briefs pertaining to the pending motion for Sum Jgm shall be filed. Signed by Judge Marcia S. Krieger on 1/14/05. (erv, ) (Entered: 01/21/2005)
2005-01-2457MINUTE ORDER, Reset Hearings: Status Conference Reset for 2/15/2005 01:00 PM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. by Magistrate Judge Patricia A. Coan on 1/24/05. (erv, ) (Entered: 01/28/2005)
2005-02-1558NOTICE OF APPEAL as to 52 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction, 53 and Judgment by all plaintiffs. Filing fee $ 255, receipt number 258201. Notice mailed to all counsel on 2/16/05. Transcript Order Form due by 3/3/2005. (djs, ) (Entered: 02/16/2005)
2005-02-1559Minute Entry for proceedings held before Magistrate Judge Patricia A. Coan : Status Conference held on 2/15/2005 (Court Reporter FTR.) (erv, ) (Entered: 02/17/2005)
2005-02-1860USCA Case Number 05-1085 for 58 Notice of Appeal, filed by Gunnison County Board of County Commissioners, High Country Citizens' Alliance, Crested Butte, Colorado, Town of. (djs, ) (Entered: 02/22/2005)
2005-02-2561TRANSCRIPT ORDER FORM filed by all plaintiffs/appellants re 58 Notice of Appeal stating that a transcript is not necessary for this appeal. Appeal Deadlines Terminated, TOF deadline terminated. (djs, ) (Entered: 02/28/2005)
2005-02-2862LETTER re Appeal to USCA and all counsel advising that the record is complete as to 58 Notice of Appeal. TOF filed by appellants stating that a transcript is not necessary for this appeal. (djs, ) (Entered: 02/28/2005)
2005-09-2963ORDER denying 36 Motion for Summary Judgment, denying 38 Motion for Summary Judgment ; The Federal Defendants shall deliver to chambers, unredacted hard copies of the Mineral Report, the Western Mine Engineering Report, and the Behre Dolbear Report for in camera review, highlighting in yellow ink those portions of the documents which they believe are exempt from disclosure. They shall also file and serve a copy of the revised Vaughn index. Signed by Judge Marcia S. Krieger on 9/29/05. (erv, ) (Entered: 09/30/2005)
2005-10-0664RESPONSE to 63 Order on Motion for Summary Judgment,,,,, Submission of Revised Vaughn Index by Defendants Kathleen Clarke, Ron Wenker, Bureau of Land Management, Gale Norton, Department of Interior. (Attachments: # 1 Exhibit Revised Vaughn Index)(Perruso, Roxane) (Entered: 10/06/2005)
2005-10-1465RESPONSE Plaintiffs' Filing Regarding Freedom of Information Act by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners. (Flynn, Roger) (Entered: 10/14/2005)
2006-06-1366Memorandum Opinion and JUDGMENT on the Plaintiff's Freedom of Information Act Claim . Signed by Judge Marcia S. Krieger on 6/13/06. (erv, ) (Entered: 06/13/2006)
2006-06-2167First MOTION For Extension of Time to File Claim for Attorney Fees under Fed.R.Civ.P. 54(d)(2)(B) by Plaintiffs High Country Citizens' Alliance, Gunnison County Board of County Commissioners. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Unopposed Motion)(Parsons, Jeffrey) (Entered: 06/21/2006)
2006-06-2268ORDER granting 67 Motion for Extension of Time to and incl 8/27/06 to file any claim for atty fees. Signed by Judge Marcia S. Krieger on 6/22/06. (erv, ) (Entered: 06/22/2006)
2006-08-1769SETTLEMENT AGREEMENT on Plaintiffs' Claims Under the Freedom of Information Act by Defendants Mt. Emmons Mining Company, Kathleen Clarke, Ron Wenker, Bureau of Land Management, Gale Norton, Department of Interior, Phelps Dodge Corporation, Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners. (Attachments: # 1 Proposed Order (PDF Only))(Flynn, Roger) (Entered: 08/17/2006)
2006-08-1770Docket Annotation re: 69 Settlement Agreement, This is an incorrect filing and will need to be refiled pursuant to Procedure. Text only entry - no document attached. (erv, ) (Entered: 08/17/2006)
2006-08-1771Joint MOTION to Approve Settlement of Plaintiffs' Claim for Attorneys Fees Under the Freedom of Information Act by Plaintiff High Country Citizens' Alliance. (Attachments: # 1 # 2 Proposed Order (PDF Only))(Flynn, Roger) (Entered: 08/17/2006)
2006-08-1872ORDER granting 71 Joint Motion to Approve the parties Settlement: The Parties' settlement of Plaintiffs' claim for attorneys' fees under the Freedomof Information Act as reflected in the Settlement Agreement is approved. Plaintiffs' claim for attorneys' fees under the Freedom of Information Act isdismissed with prejudice. Signed by Judge Marcia S. Krieger on 8/17/06. (erv, ) (Entered: 08/18/2006)
2006-09-2573NOTICE of Settlement Notice of Settlement Satisfaction by Plaintiffs High Country Citizens' Alliance, Crested Butte, Colorado, Town of, Gunnison County Board of County Commissioners (Flynn, Roger) (Entered: 09/25/2006)
2006-11-0674MANDATE of USCA re: 05-1085 58 Notice of Appeal. Judgment dated 7/21/06 affirming the judgment of the district court. (gms, ) (Entered: 11/08/2006)
2007-03-0675Letter from 10CCA regarding writ of certiorari re 58 Notice of Appeal, ; assigned Supreme Court No. 06-1176 ( Appeal No. 05-1085) (bjr, ) (Entered: 03/07/2007)
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