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CERTIFICATION UNDER D.C. COLO. LR 7.1 A <br />The undersigned counsel certifies that he has consulted with counsel for Plaintiffs and <br />Defendants and that he is authorized I:o state that they do not oppose this motion. <br />The Colorado Department of Public Health and Environment ("CDPHE"), and the <br />Colorado Division of Minerals and Geology of the Colorado Department of Natural Resources <br />("CDMG"), by Colorado Attorney General John W. Suthers and the undersigned counsel, <br />pursuant to Fed. R. Civ. P. 45(c)(3), respectfully move the Court for an order protecting state <br />employees from testifying about privileged information and from giving unretained expert <br />testimony. CDPHE and CDMG also move for an order allowing legal representation of the state <br />employees during their testimony. As grounds for the motion, CDPHE and CDMG state as <br />Follows: <br />Neither CDPHE nor CDMG ,ire parties to this action. <br />Counsel for the parties in this case have indicated that they desire to elicit testimony from <br />one or more of the following state employees: Dave Akers, Carla Lenkey, Gary Soldano, Tom <br />Boyce, Susan Nachtrieb, Christopher Gates, and Berhan Keffelew. <br />CDPHE, CDMG, and the undersigned counsel have cooperated with Plaintiffs and <br />Defendants in making said state employees available to give factual testimony in this case. The <br />undersigned counsel understands that the parties seek only factual testimony from said state <br />employees. In order to prevent privileged or unretained expert testimony from being elicited <br />from said state employees, however, an order limiting their testimony to factual, non-privileged <br />testunony is necessary. <br />