Free Motion for Entry of Default - District Court of Colorado - Colorado

Case 1:03-cv-01298-JLK-GJR

Document 119-2

Filed 02/21/2007

Page 1 of 4

EXHIBIT 1

Case 1:03-cv-01298-JLK-GJR

Document 119-2

Filed 02/21/2007

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01298-JLK-GJR UNITED STATES OF AMERICA, Plaintiff, v. 116.06 ACRES OF LAND, MORE OR LESS, LOCATED IN LA PLATA COUNTY, STATE OF COLORADO; and WHEELER ONE TRUST; COLLYER FAMILY TRUST; LA PLATA COUNTY TREASURER; SHIRLEY ISGAR; CHARLES ISGAR; ARTHUR R. ISGAR; ANNE L. ISGAR; CHEVRON U.S.A., INC.; SOUTHERN UTE INDIAN TRIBE; and UNKNOWN OWNERS, if any, Defendants.

DECLARATION OF STEPHEN D. TAYLOR

I, Stephen D. Taylor, make the within declaration pursuant to 28 U.S.C. § 1746. 1. I am the Assistant United States Attorney who is assigned the responsibility for the litigation of this case. 2. I have reviewed the file, including the pleadings files, of this case, and I have personal knowledge of the facts set forth herein. 3. On July 27, 2006, Plaintiff United States filed a Second Amended Complaint in Condemnation ("Second Amended Complaint"), pursuant to 40 U.S.C. § 3114 and a Second Amended Declaration of Taking. (Docket Nos. 74 and 75.)

Case 1:03-cv-01298-JLK-GJR

Document 119-2

Filed 02/21/2007

Page 3 of 4

4. The Second Amended Declaration of Taking condemned fee simple estates and temporary easements in, on, over, under, and across 116.06 acres, more or less, located in La Plata County, Colorado ("Second Amended Property"). 5. The Second Amended Complaint seeks to ascertain the just compensation to be paid to the owners of and the parties in interest in the Second Amended Property. 6. On August 30, 2006, Plaintiff United States filed a Certificate of Service by Publication in reference to the Unknown Owners, if any, pursuant to Fed. R. Civ. P. 71A(d)(3)(B). (Docket No. 77.) 7. On February 21, 2007, Plaintiff United States filed a Certificate of Proof of Service by Publication and Proof of Publication in reference to the Unknown Owners, if any, pursuant to Fed. R. Civ. P. 71A(d)(3)(B). (Docket No. 118.) 8. The Proof of Publication certifies the Second Amended Notice of Condemnation was published in the Durango Herald Newspaper, Durango, Colorado, each week for three consecutive weeks. (Docket No. 118.) 9. The last date of publication of the Second Amended Notice of Condemnation in the Durango Herald Newspaper was August 21, 2006. (Docket No. 118.) 10. More than twenty (20) days have elapsed since the date on which the Unknown Owners were served by publication. 11. No Unknown Owner has filed a notice of appearance, an answer, or otherwise defended this eminent domain action. 12. This Declaration is executed in accordance with Fed. R. Civ. P. 55(a) for the purpose of enabling Plaintiff United States to obtain an entry of default judgment against each and every Unknown Owner. 2

Case 1:03-cv-01298-JLK-GJR

Document 119-2

Filed 02/21/2007

Page 4 of 4

DECLARATION I, Stephen D. Taylor, declare under penalty of perjury under the laws of the United States of America that the foregoing Declaration is true and correct.

s/Stephen D. Taylor STEPHEN D. TAYLOR Assistant United States Attorney Executed: February 21, 2007.

3