Free Status Report - District Court of Colorado - Colorado

Case 1:01-cv-00339-JLK

Document 40

Filed 04/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00339-JLK QWEST WIRELESS, L.L.C., a Colorado limited liability company, Plaintiff, v. COLORADO TRANSPORTATION COMMISSION; JOSEPH BLAKE, JOSEPH JEHN, ROGER CRACRAFT, JOANN GROFF, CHARLES ARCHIBEQUE, WILLIAM R. HAIGHT, DOUG ADEN, CASTELAR GARCIA, DAN STUART, JOSEPH FORTINO, and DONALD G. MORRISON, each in their official capacities as commissioners of the Colorado Transportation Commission; and TOM NORTON, in his official capacity as Executive Director of the Colorado Department of Transportation, Defendants. JOINT STATUS REPORT

The Parties, through counsel, have conferred and concluded that, with the passage of time, circumstances on both sides have changed since this matter was first submitted to the Court. While the Parties' respective legal positions on an issue which now has generated considerable judicial attention and academic commentary remain unchanged, Plaintiff does not have a current business need for access to Colorado Department of Transportation's ("CDOT") rights of way and CDOT's program for access to those rights of way has changed.

Case 1:01-cv-00339-JLK

Document 40

Filed 04/27/2006

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As a result, the Parties have concluded that there is no longer a live controversy upon which to press their opposing legal positions and thus the matter is moot. The Parties will file a Stipulation for Dismissal Without Prejudice within the next ten (10) days.

Respectfully submitted this 27th day of April, 2006.

s/ Tucker K. Trautman Tucker K. Trautman Gregory S. Tamkin Scott P. Sinor DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone: (303) 629-3400 Facsimile: (303) 629-3450 Email: [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF

s/ Harry S. Morrow First Assistant Attorney General Civil Litigation and Employment Law Section 1525 Sherman St, 4th Floor Denver, CO 80203 Telephone: (303) 866-5070 Email: [email protected] ATTORNEY FOR DEFENDANTS

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Case 1:01-cv-00339-JLK

Document 40

Filed 04/27/2006

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 27, 2006, I caused the foregoing document, titled JOINT STATUS REPORT, to be electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the email addresses listed below. [email protected] [Harry S. Morrow]

s/ Tucker K. Trautman Tucker K. Trautman Attorneys for Plaintiff DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone: (303) 629-3400 Facsimile: (303) 629-3450 Email: [email protected]

4826-4825-9328\1 4/27/2006 11:23 AM

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