Wolf Lawsuit Dismissal
Wolf Lawsuit Dismissal
Plaintiffs,
v.
Defendants.
Gunnison County Stockgrowers’ Association, Inc. (“GCSA”) conferred by telephone and email
with counsel for all Respondents and Conditional Respondent-Intervenors regarding this Notice
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Case No. 1:23-cv-03258-RMR Document 32 filed 12/22/23 USDC Colorado pg 2 of 4
NOTICE
Petitioners GCSA and Colorado Cattlemen’s Association hereby notify the Court and
other Parties that they are dismissing the case with prejudice, pursuant to Federal Rule of Civil
1. On December 10, 2023, Petitioners filed a Complaint against Respondents U.S. Fish and
Wildlife Service, Martha Williams, Colorado Division of Parks and Wildlife, Jeff Davis,
Eric Odell, and Colorado Parks and Wildlife Commission seeking review under the
National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq. The individual
2. On December 11, 2023, Petitioners filed a motion, ECF No. 5, seeking a temporary
restraining order and preliminary injunction against the State Respondents, and seeking a
stay of agency action against the Federal Respondents pursuant to the APA, 5 U.S.C. §
3. After Petitioners filed the Complaint, several parties moved to intervene: Friends of
Humane Society of the United States, and Western Watersheds Project (collectively,
“Conditional Respondent-Intervenors”).
4. The Court held a hearing on December 14, 2023 to consider Petitioners’ Injunction
Motion. At the hearing, the Court conditionally granted the Conditional Respondent-
Intervenors’ motions to intervene and established a briefing schedule to allow the Parties
5. On December 15, 2023, the Court issued an Order, ECF No. 31 (“Order”), denying the
6. Petitioners have reviewed the Order. Considering the Court’s ruling that Petitioners are
unlikely to succeed on the merits of their claim, Petitioners will not pursue the claim
7. Although conferral does not appear to be required under Federal Rule of Civil Procedure
41(a)(1) or the Civil Rules for the District of Colorado, counsel for Petitioners discussed
matter of courtesy, and in light of the proceedings that have already occurred in this
matter. In these conversations, Petitioners agreed to dismiss the case with prejudice.
Counsel for all parties indicated that their clients consent to this dismissal.
8. As of the date of this Notice, no answers or motions for summary judgment have been
9. Accordingly, Petitioners notify this Court that they are dismissing the case, pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A). Pursuant to Federal Rule of Civil Procedure
CONCLUSION
For the foregoing reasons, Petitioners hereby DISMISS this case WITH PREJUDICE.
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Case No. 1:23-cv-03258-RMR Document 32 filed 12/22/23 USDC Colorado pg 4 of 4
TROUT RALEY
s/ Michael A. Kopp
Deborah L. Freeman, CO Reg. No. 12278
Michael A. Kopp, CO Reg. No. 43204
Lucas O’Brien, CO Reg. No. 58014
1120 Lincoln Street, Suite 1600
Denver, CO 80203
Telephone: 303-861-1963
[email protected]
[email protected]
[email protected]
WELBORN SULLIVAN
MECK & TOOLEY P.C.