Opinion
Civil Action No. 11-cv-3294-JLK-AP Civil Action No. 12-cv-00034-JLK-AP 12-cv-00388-JLK-AP
08-15-2012
TOWN OF SUPERIOR, a Colorado municipality, et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON, COLORADO, CITY OF ARVADA, JEFFERSON PARKWAY PUBLIC HIGHWAY AUTHORITY, NATURAL RESOURCE TRUSTEES OF THE STATE OF COLORADO, and THE BOARD OF LAND COMMISSIONERS OF THE STATE OF COLORADO, Defendant-Intervenors.
Judge John L. Kane
This document relates to ALL of the Consolidated Cases
ORDER RE MOTION TO SUPPLEMENT AND COMPLETE RECORD (Doc. 54) Kane, J.
Having completed my in camera review of the three binders of documents withheld or redacted by the Federal Respondents, I conclude the documents were properly withheld or redacted and are generally exempt from disclosure under the attorney-client privilege. Should grounds arise as would warrant a discreet challenge to a particular document or redaction under the waiver or other standards articulated in WildEarth Guardians v. Forest Service, 713 F. Supp.2d 1243, 1265 (D. Colo. 2010), counsel may file a motion and I will consider it. Having spent several hours reviewing and comparing each of the withheld and redacted documents with the privilege log, my overall impression is that the record-withholding decisions were carefully and conscientiously made.
In accordance with the briefing schedule proposed in the July 24 Amendment to the JCMP (Doc. 71), Plaintiffs' opening briefs are due ON OR BEFORE August 31, 2012. Briefing shall proceed thereafter as set forth in the Amendment.
John L. Kane
SENIOR U.S. DISTRICT JUDGE