Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 290

Filed 09/03/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02163-BNB-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES, Defendant.

MOTION BY INTERESTED PARTY UNITED STATES OF AMERICA FOR ORDER DIRECTING CLERK OF COURT TO RETURN KEY TO ROOSEVELT TUNNEL PORTAL, WHICH IS NOW ON DEPOSIT IN COURT REGISTRY

The United States of America, interested party herein, respectfully moves for an order directing the Clerk of the Court to return to the Bureau of Land Management a key to the Roosevelt Tunnel Portal gate, which is currently on deposit in the Court Registry. As reasons therefore, the United States advises as follows: 1. This case was filed on November 5, 2001. The court tried the case in May

2007, entered judgment in June 2007, and concluded post-judgment proceedings in March 2008. The case is now closed. 2. On June 26, 2002, while the case was pending, defendant El Paso Gold

Mines tendered to the Court a key to the gate of the Roosevelt Tunnel Portal. Since then, the key has remained in the Court Registry. Doc. 64.

Case 1:01-cv-02163-BNB-MEH

Document 290

Filed 09/03/2008

Page 2 of 3

3.

The Clerk's Office has asked the United States to retrieve the key from the

Court Registry. 4. Counsel for El Paso Gold Mines, James L. Merrill, has advised that his

client obtained the key from the Canon City office of the Bureau of Land Management (BLM). The BLM has advised that the key should be returned to Daniel Grenard at the following address: Daniel Grenard, Geologist BLM ­ Royal Gorge Field Office 3028 E. Main Street Canon City, CO 81212. WHEREFORE, the United States respectfully requests that the Court order the Clerk of the Court to mail the key to Mr. Grenard at the address stated above.

Respectfully submitted, TROY A. EID United States Attorney Dated: September 3, 2008 By: s/ Lisa A. Christian LISA A. CHRISTIAN Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff

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Case 1:01-cv-02163-BNB-MEH

Document 290

Filed 09/03/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 3, 2008 I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

s/ Lisa A. Christian LISA A. CHRISTIAN Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

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