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2. In the interim, it is agreed that Defendant's Motion to Dismiss, Plaintiff's <br />Response, and any ruling with respect to that motion will be held in abeyance by the <br />Court pending the filing of amended pleadings. If the issues raised by Defendant's <br />motion are made moot by the amended pleadings the parties will notify the Court <br />accordingly. Otherwise, the parties agree to confer as to whether any further briefing in <br />response to that motion will be required, and an appropriate schedule for same. <br />3. The parties advise the Court that another action IOCV 548, which is an appeal <br />from a decision of the Colorado Mined Land Reclamation Board, is also pending before <br />this Court. Although that case presents common questions of law and fact with respect to <br />the other two actions, the parties have yet to make a decision as to the advisability of <br />consolidating that appeal action into 10 CV 367. <br />4. Accordingly, the parties request that the Court hold in abeyance any action on the <br />motion to dismiss, now pending before the Court. <br />So stipulated on the date(s) set forth below. <br />DUFFORD, WALDECK, MILBURN & KROHN, LLP <br />By: <br />Christopher G. McAnany, #21962 Date <br />Attorneys for Plaintiff <br />COLORADO DEPARTMENT OF LAW <br />By: <br />Amy Colony, #13264 <br />Assistant Attorney General <br />Attorneys for Defendant <br />Date <br />