Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cv-00627-MSK-BNB

Document 100

Filed 08/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-0627-MSK-BNB LENNAR COLORADO, LLC, Plaintiff,
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THE UNITED STATES OF AMERICA, THE UNITED STATES DEPARTMENT OF DEFENSE, THE U.S. ARMY, THE U.S. AIR FORCE, and THE U.S. NAVY, Defendants. JOINT MOTION FOR ENTRY OF CONSENT DECREE Plaintiff Lennar Colorado, LLC ("Lennar"), and Defendants United States of America, United States Department of Defense, United States Army, United States Air Force, and United States Navy (collectively, "United States"), jointly move the Court to enter the attached proposed Consent Decree. As grounds for their joint motion, the parties state as follows: 1. This case was brought by Plaintiff Lennar against the United States pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., to recover costs Lennar incurred in investigating and cleaning up two parcels of property it owns located on the Former Lowry Bombing and Gunnery Range located east of the Denver metropolitan area. 2. The parties have reached a settlement of Plaintiff's claims in this matter, which is memorialized in the attached proposed Consent Decree.

Case 1:04-cv-00627-MSK-BNB

Document 100

Filed 08/23/2005

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3. As set forth in the accompanying Memorandum in Support of Joint Motion for Entry of Consent Decree, the terms of the Consent Decree are fair, reasonable, in accord with the purposes of CERCLA, and in the public interest. WHEREFORE, the Court should enter the attached Consent Decree as an order of the Court. Respectfully submitted, FOR PLAINTIFF: BROWNSTEIN HYATT & FARBER, P.C.
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HUBERT A. FARBES, JRf i MARK J. MATHEWS MICHELLE C. KALES 410 Seventeenth Street, 22nd Floor Denver, CO 80202-4437 Phone: (303) 223-1100 Fax: (303) 223-1111

Case 1:04-cv-00627-MSK-BNB

Document 100

Filed 08/23/2005

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FOR DEFENDANTS: KELLY A. JOHNSON Acting Assistant Attorney General Environment and Natural Resources Division

Dated:

By: gI~ANIEL PINKSTON MATTHEW OAKES Environmental Defense Section Environment and Natural Resources Division U.S. Department of Justice 999-18th Street, Suite 945 North Denver, Colorado 80202 Phone: (303) 312-7397 Fax: (303) 312-7331 [email protected] matthew.oakes@usdoj, gov WILLIAM LEONE Acting United States Attorney District of Colorado STEPHEN D. TAYLOR Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Phone: (303) 454-0103 Fax: (303) 454-0404