United States Tenth Circuit

Motion to intervene two and a half years after the filing of the initial complaint is not untimely where no scheduling order has been issued, no trial date set, and no cut-off date for motions set.

Appellate Information

• Decided 07/10/2001
• Published 07/10/2001

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, McKAY and BRORBY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian B. O'Neill of Faegre & Benson LLP, (Richard A. Duncan and William L. Underwood of Faegre & Benson LLP, Minneapolis, MN;  Heidi J. McIntosh and Stephen H.M. Bloch of Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the briefs), for Movants-Appellants.


• For Appellees:
  
• Susan Amanda Koehler of Mountain States Legal Foundation, and Michael B. Marinovich of C.E. Brooks & Associates, P.C., (William Perry Pendley and David Andrew Wight of Mountain States Legal Foundation, Denver, CO;  and Constance E. Brooks of C.E. Brooks & Associates, P.C., with them on the brief), for Plaintiffs-Appellees.