Laserfiche WebLink
<br />the ground water hydrology of the locale. Neither Western nor Dr. Ptasnik could <br />receive a fair hearing in the absence of Mr. Leaf. . <br />4. Undersigned counsel for Dr. Ptasnik experienced a death in the family May 20, <br />2001. A funeral has been scheduled for the morning of May 24, 2001. All of <br />counsel's associates must attend other court proceedings on the 24~', and so <br />counsel is placed in the difficult position of an unavoidable conflict. Counsel could <br />proceed if absolutely necessary, but would have to miss the funeral. <br />5. The Applicant failed to timely disclose witnesses and exhibits. Per Rule 2.7.1(2), <br />Dr. Ptasnik submitted a list of witnesses and exhibits at the April 17, 2001 Pre- <br />Hearing Conference. At that time, the Applicant did not have witness and exhibit <br />lists prepared, so the presiding pre-hearing officer, Sandy Brown, ordered, and the <br />parties agreed, that Applicant would prepare and submit these lists before the close <br />of business April 17, 2001. The Applicant disclosed witnesses and exhibits to the <br />Division of Minerals and Geology by fax at 5:06 P. M. April 18, 2001, in clear <br />violation of the Order of the Pre-Hearing Officer. The Applicant must be prohibited <br />from calling the late disclosed witnesses and submitting the late disclosed exhibits <br />at hearing, whenever said hearing occurs. <br />WHEREFORE, Western and Dr. Ptasnik move the Board to vacate the hearing scheduled <br />for May 23 and 24, 2001 to reschedule the hearing at such time as will allow adequate <br />notice to be provided to all parties, and to order that the Applicant shall be barred from <br />presenting the witnesses and exhibits untimely disclosed. <br />DATED this 22nd day of May, 2001. <br />LIND, LAWRENCE & OTTENHOFF LLP <br />By: <br />Kim R. Lawrer} e, #8366 <br />P. Andrew Jokes, #29076 <br />Attorneys for Michael Ptasnik <br />and Western Mutual Ditch Company <br />1011 11th Avenue <br />Greeley, CO 80631 <br />(970)356-9160 <br />2 <br />