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6112 , z <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, MARY LOU MORGAN, <br />JOELLEN TURNER, AND MICHAEL MORGAN, <br />Plaintiffs, <br />V. <br />COURT USE ONLY <br />WESTERN FUELS COLORADO, LLC, a Colorado <br />limited liability company, and STATE OF <br />Case Number: 2010 CV 548 <br />COLORADO, by and through the DEPARTMENT OF <br />NATURAL RESOURCES, DIVISION OF <br />Division: <br />RECLAMATION, MINING & SAFETY and MINED <br />LAND RECLAMATION BOARD, <br />Defendants. <br />STIPULATION REGARDING BRIEFING SCHEDULE; ORDER <br />The parties, by and through undersigned counsel, stipulate and agree to the following <br />with respect to designation and filing of the hearing record and briefing in this action. <br />1. This matter is subject to the requirements of the Administrative Procedure Act ( "APA "), <br />section 24-4 -106, C.R.S and the Colorado Surface Coal Mining Reclamation Act ( "SCMRA"), <br />section 34 -33 -128 C.R.S. This stipulation shall not be construed to limit or modify the <br />application to this proceeding of sections 24-4 -106 and 34 -33 -128 C.R.S. and any rules, <br />procedures, and requirements provided therein. <br />2. After consultation with all parties, Plaintiffs shall designate the relevant portions of the <br />record by motion filed on or before July 20, 2012. Plaintiffs shall advance payment for costs of <br />preparing and transmitting the record, including a copy of the hearing transcript, as required by <br />section 24 -4- 106(6), C.R.S. If applicable or necessary, Defendants shall move, on or before <br />August 3, 2012, to designate any portions of the record they wish to bring before the Court or file <br />objections to materials believed to be improperly designated by Plaintiffs. If applicable, <br />Plaintiffs shall move on or before August 10, 2012 to object to any portions of the record <br />designated by Defendants, or with respect to any omissions or irregularities in the record. <br />