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• — IOfV'36$ <br />— rL1/7 /Zol0 <br />DISTRICT COURT, MONTROSE COUNTY, <br />COLORADO <br />Court Address: 1200 N. Grand Avenue <br />Montrose, CO 81401 <br />Telephone: (970) 252 -4300 <br />FRANK MORGAN, <br />Plaintiff, <br />V. <br />A COURT USE ONLY A <br />DIVISION OF MINERALS AND GEOLOGY, <br />DIVISION OF RECLAMATION, MINING, AND <br />SAFETY, and DEPARTMENT OF NATURAL <br />Case Number: 2010 CV 368 <br />RESOURCES, <br />Defendants. <br />Division: 4 <br />Christopher G. McAnany <br />DUFFORD, WALDECK, MILBURN <br />& KROHN, L.L.P. <br />744 Horizon Court, Suite 300 <br />Grand Junction, CO 81506 <br />Telephone: (970) 241 -5500 <br />Fax: (970) 243 -7738 <br />E -mail: dwmk(&dwmk.com <br />Attorney Reg. #: 21962 <br />JOINT STATUS REPORT <br />Plaintiff and Defendant, by and through their undersigned counsels, hereby <br />submit the following Joint Status Report, as directed by the Court in its Order of <br />December 17, 2010. <br />1. This matter is closely related to another action pending before this Court, 2010 <br />CV 367, in which Western Fuels Colorado, LLC ( "WFC ") is the Defendant Counsels for <br />Plaintiff and Defendant have conferred and agreed that Plaintiff shall be permitted to <br />amend his Complaint in this action and, pending agreement with WFC, consolidate this <br />action with 10 CV 367 1. <br />1 Undersigned counsel has conferred with counsel for WFC and believes that WFC will consent to <br />consolidation of these two actions. <br />