2011-03-16_GENERAL DOCUMENTS - C1981008

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C - III�'i - coy Gcr 6,1, S Montrose County, State of Colorado District Court Court Address: 1200 N Grand Ave, Bin A Montrose, CO 81401 Telephone #: (970) 252 -4300 ILED Document Montrose County District Court 7th ng Date: Mar 16 2011 1:29PM MDT IFfing ID: 36510900 Plaintiff(s): Frank Morgan, Mary Lou Morgan, Joellen iew Clerk: N/A Turner, and Michael Morgan Vs Defendant(s): Western Fuels- Colorado LLC and Colorado Department of Natural Resources by and through the Division of Reclamation, Mining & Safety Case Number: 2010 CV 367 Div.:4 Ctrm: Pre -Trial Order Including Mediation Requirements zvly Cv 3 7 JD The court, upon review of this case, FINDS that the interests of a just, speedy, and economic resolution of the disputes herein would be served by referral of this action to mediation, or to some other form of alternative dispute resolution (ADR). This case is now at issue and subject to _X_ CRCP 16 CRCP 16.1 THEREFORE, pursuant to 13 -22 -311, C.R.S., THE COURT ORDERS: THAT, EXCEPT AS PROVIDED IN Paragraph 2 below, all claims, in this action, are referred to mediation as follows: a. The parties or their attomey(s) are ordered to set up a mediation session in sufficient time so that it will be completed within 120 days of this order. Plaintiffs attorney shall facilitate this process as per rule. b. The mediation may be set up with the State Judicial Department's Office of Dispute Resolution. (Attorneys with (ODR) following their names on the 7`h Judicial District mediator list belong to this group. The list is available in all Clerk's Offices at the Courts in the various counties of the Seventh Judicial District, and from the ODR Program Administrator for the Southwest Region, Tricia Winslow at 970 - 252 -4328 or email to Patricia .winslow(a,judicial.state.co.us or at www.7thiudicialdistrictco.org (under Trial Courts.) In the alternative, mediation may be set up with any private mediator agreed to by the parties. A fee (based upon an hourly rate) is charged for mediation services, and the expense of the mediation service shall be divided equally between the parties unless they agree otherwise. All parties are ordered to cooperate in arranging for and participating in the mediation. At each session each party shall be present or shall have a representative (other than his/her attorney present with full settlement authority. d. A party has a right, within 10 days after the date of this Order, to file a motion objecting to mediation or other forms of ADR, and said motion must demonstrate compelling reasons why mediation or ADR should not be ordered. 2. Compliance with Paragraph 1 of this Order is excused if, within the compliance deadline Paragraph 1(a), the parties; a. Settle all claims, and file appropriate settlement papers; b. Enter into a written agreement, approved by the Court, to resolve all disputes in this case by arbitration or some other form of ADR.