Laserfiche WebLink
for Defendant is not opposed to this motion. Undersigned counsel consulted with counsel for <br />Plaintiffs about this motion on March 28 and 29, 2011. It was agreed to allow Plaintiffs' counsel <br />until April 4, 2011 to discuss this matter with his clients. Undersigned counsel sent a follow up <br />status check e-mail on April 4, 2011. At the time of this filing undersigned counsel has not heard <br />from Plaintiffs' counsel regarding their position on this motion. <br />I. Background <br />On or around August 23, 2010 Plaintiffs filed two separate complaints alleging damages <br />arising out of mining operations conducted on their property. Case No. 2010 CV 368 was fled <br />against the Colorado Division of Reclamation Mining and Safety ( "Division "). Case No. 2010 <br />CV 367 was fled against Western Fuels Colorado ( "WFC "). On January 31, 2011 Plaintiffs <br />filed a First Amended Complaint ( "Complaint") in 10 CV 367. This Complaint added the <br />Division as a party- Defendant to the 10 CV 367 case. No amended complaint has been filed in <br />the 10 CV 368 matter.' <br />On March 17, 2011 Plaintiffs served a copy of the Complaint on both the Division and <br />the Office of the Attorney General. In the Complaint the Division is named as a Defendant only <br />to the extent that the Court may issue prospective injunctive relief against WFC regarding yet -to- <br />be determined future violations of the Colorado Surface Coal Mining Reclamation Act ( "Act ") <br />which may be within the Division's jurisdiction. However, no specific allegations are asserted <br />against the Division. <br />In addition, Paragraph 4 of the Complaint states "the parties intend that this action be <br />consolidated with Case No. 2010 CV 548, which is an appeal of an administrative action which <br />shares many of the same facts and circumstances with this action ". The Division disagrees. <br />Undersigned counsel has discussed consolidation with Plaintiffs counsel and advised him that <br />both the Division and the Mined Land Reclamation Board object to consolidation of this civil <br />' Pursuant to this Court's Order dated March 9, 2011 in Case No. 10 CV 368, Plaintiffs were ordered to show cause, <br />within 30 days, why this case should not be dismissed. It is undersigned counsels understanding Plaintiffs do not <br />intend to pursue any damages against the Division and that Case No. 10 CV 368 will be dismissed on or around <br />April 11, 2011. <br />