Opinion
Civil Action No. 08-cv-01460-MSK-KLM.
October 23, 2008
ORDER
THIS MATTER comes before the Court on the Joint Motion to Intervene (#25) and the Unopposed Amended Motion to Intervene (#44) filed by OXY USA Inc. And Williams Production RMT Company, and the Unopposed Motion to Intervene (#38) filed by Antero Resource Piceance Corporation. Upon consideration, the Motions at #44 and #38 are GRANTED. The Motion at #25 is MOOT. Accordingly, the Court agrees with the Plaintiffs that the intervenors' participation should be limited in this appeal in the interest of the efficient conduct of the proceedings. Accordingly, counsel for Defendants and counsel for intervenors must CONFER before filing any motion, responsive filing or brief to determine whether their positions may be set forth in a consolidated fashion. Intervenors may file separate motions, responsive filings or briefs only to raise arguments or issues Defendants decline to include in their filings. Any separate filings must include a Certificate of Compliance with the condition requiring intervenor to confer with counsel for Defendants before filing, and a statement that the issues raised are not adequately covered by Defendants' position.
The parties should revise their caption in future filings to reflect the correct case number.