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Tb <br />�eSL <br />rg6 <br />42 -rZ-,/ <br />DISTRICT COURT, MONTROSE COUNTY, 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 />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 />UNOPPOSED MOTION TO SET ASIDE ORDER joj ci c v ;,N 5 <br />Plaintiffs, by and through undersigned counsel, hereby move this Court to set aside its Order <br />granting the Colorado Division of Reclamation, Mining and Safety's Motion to Dismiss Itself as a <br />Party, and to allow the Plaintiffs additional time to respond to that Motion as follows: <br />1. Undersigned counsel has conferred with counsel for Defendant Colorado Division of <br />Reclamation, Mining and Safety ( "DRMS ") pursuant to C.R.C.P. 121, and is informed that <br />Defendant does not oppose this motion. <br />2. Defendant DRMS filed its Motion to Dismiss Itself as a Party Defendant on April 8, <br />2011. Plaintiff's response to that Motion was due on April 25, 2011. <br />