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DISTRICT COURT, GARFIELD COUNTY, COLORADO Civil Action No. 91 CV 08-3 STIPULATED MOTION FOR DISMISSAL GARFIELD CITIZENS ALLIANCE, Plaintiff, vs. COLORADO MINED LAND RECLAMATION BOARD, COLORADO DMSION OF MINED LAND RECLAMATION, AND NEW CASTLE ENERGY CORPORATION, Defendants. COMES NOW the Plaintiff, Garfield Citizens Alliance, by and through its attorney of record, Edward P. Sands; and the Defendants Colorado Mined Land Reclamation Board and Colorado Division of Mined Land Reclamation, by and through their attorney of record, Frank R. Johnson; and NCIG Financial, Inc., the successor in interest to the Defendant New Castle Energy Corporation, by and through its attorney, David Sturges, and hereby move to dismiss the within action with prejudice with each party to pay its own attorneys' fees and costs, pursuant to C. R.C. P. 41(a)(1). As grounds therefore, the parties state as follows: 1. At the time of filing of the within action, New Castle Energy Corporation was the holder of all rights under a permit granted by the Defendant Colorado Mined Land Reclamation Board to operate the Coalridge No. 1 Mine, and thus was a necessary party to this proceeding. However, Defendant New Castle Energy Corporation, prior to the filing of the within action, filed a Petition in Bankruptcy under Chapter 7 of the United States Bankruptcy Code in the United States District Court for the District of Colorado in bankruptcy, Case No. 90-19212DEC. Because of the automatic stay provisions provided under the United States Bankruptcy Code, Plaintiff took no action to serve New Castle Energy Corporation with process, and said Defendant still has not been served with process. 2. NCIG Financial, Inc., purchased from the bankruptcy estate of Defendant New Castle Energy Corporation al] assets, including al] rights to the permit at issue in this case, under the direction and administration of the interim bankruptcy trustee, and said sale was approved and ordered by the Bankruptcy Court on or about March 29, 1991. 3. Pursuant to a stipulation between Plaintiff and NCIG Financial, lnc., NCIG Financial, Inc., agreed to be substituted for Defendant New Castle Energy Corporation as the successor in interest to New Castle Energy Corporation, and as a necessary and indispensable party in this action. Because of on-going settlement negotiations between Plaintiff and NCIG Financial, Inc., said substitution of parties has not actually occurred. 4. The Plaintiff, Defendants Colorado Mined Land Reclamation Board and Colorado Division of Mined Land Reclamation, and NCIG Financial, Inc., have reached a settlement of all outstanding issues in the within case, and hereby consent to a dismissal of the within action with prejudice, with each party to pay its own attorneys' fees and costs incurred as a result of the filing of the within action.