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HE <br />�CC, L, v ;7 <br />+q 101Z�-iI <br />EFILED Document <br />DISTRICT COURT, MONTROSE COUNTY, COLORADO <br />CO Montrose County District Court 7th <br />Filing Date: Apr 27 2011 9:31PM MDT <br />Filing ID: 37283530 <br />Court Address: 1200 N. Grand Avenue <br />Review Clerk: Barbara Brown <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 />A COURT USE ONLY A <br />WESTERN FUELS COLORADO, LLC, COLORADO <br />DEPARTMENT OF NATURAL RESOURCES, by <br />and through the DIVISION OF RECLAMATION, <br />Case Number: 2010 CV 548 <br />MINING & SAFETY, and COLORADO MINED <br />LAND RECLAMATION BOARD, <br />Division: 4 <br />Defendants. <br />Carin Ramirez <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. #: 42744 <br />CLARIFICATION OF MOTION TO SET ASIDE ORDER <br />Plaintiffs, by and through undersigned counsel, submit the following clarification of its <br />Unopposed Motion to Set Aside Order, filed with this Court on April 26, 2011: <br />1. The Plaintiffs filed a Motion to Set Aside this Court's Order granting Defendant <br />Colorado Division of Reclamation, Mining and Safety's Motion to Dismiss Itself as a Party <br />Defendant. The basis of that Motion was that counsel for the Colorado Division of Reclamation, <br />Mining and Safety ( "DRMS ") had agreed on the morning of April 25, 2011 to an extension of the <br />time in which Plaintiffs could respond to its motion. However, this Court entered its order at 1:31 on <br />the afternoon of April 25, 2011, the date that the response was due, and therefore the Plaintiffs did <br />not get a motion for enlargement of time filed before that order was entered. <br />ID <br />