Opinion
23-704
10-16-2023
ATLANTIC RICHFIELD COMPANY, Petitioner, v. NL INDUSTRIES, INC.; NL ENVIRONMENTAL MANAGEMENT SERVICES, Respondents.
(D.C. No. 1:20-CV-00234-NYW-KAS) (D. Colo.)
Before TYMKOVICH, PHILLIPS, and EID, Circuit Judges.
ORDER
This matter is before the court on: (1) the Petition for Leave to File Interlocutory Appeal filed by Atlantic Richfield Company (“ARCO”); (2) the answer filed by NL Industries, Inc. and NL Environmental Management Services (collectively, “NL”); (3) ARCO's motion for leave to file a reply brief, which attaches its proposed reply; and (4) NL's opposition to ARCO's motion for leave to file a reply.
As a preliminary matter, the court grants ARCO's motion for leave to file a reply and directs its Clerk to file the reply attached to ARCO's motion as of the date it was received.
Upon careful consideration of the parties' briefing, the district court's docket, and the applicable law, the court:
A. Grants the petition;
B. Directs ARCO-within 14 days of the date of this order-to pay the $505 filing and docketing fees to the Clerk of the United States District Court for the District of Colorado, see Fed. R. App. P. 5(d)(1)(A); and
C. Directs its Clerk to open a new appeal once the district court Clerk notifies this court that ARCO has paid the appellate filing and docketing fees. See Fed. R. App. P. 5(d)(3).
ARCO need not file a notice of appeal; the date of this order shall serve as the date of the notice of appeal for calculating time under the Federal Rules of Appellate Procedure. See Fed. R. App. P. 5(d)(2).