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w <br />2. Colo. R. Civ. P. 4(e)(1 0)(A) and (B) require that the within <br />Complaint, served on August 27, 2010 upon state employee David Berry, Director, <br />Office of Mined Land Reclamation in the Division of Reclamation, Mining and <br />Safety, a division of the Department of Natural Resources, also be served upon the <br />Attorney General. Colo. R. Civ. P. 4(e)(10)(C) further provides that in the event <br />the Attorney General is not served within 3 days of service upon the state <br />employee, the time within which a responsive pleading must be filed is extended <br />for an additional sixty days beyond the twenty days provided by Colo. R. Civ. P. <br />12(a). <br />3. To date, the Colorado Attorney General's Office has not been served <br />with a copy of the Summons and Complaint, as required by Colo. R. Civ. P. <br />4(e)(10)(A) and (B). <br />4. States Defendants intend to file a responsive pleading on or before <br />November 15, 2010, which date is calculated by adding sixty days granted by <br />Colo. R. Civ. P. 4(e)(1 0)(C) to the twenty days provided by Colo. R. Civ. P. 12(a). <br />Respectfully submitted this 30`h day of September, 2010. <br />JOHN W. SUTHERS <br />Attorney General <br />s/Amy Colony <br />AMY COLONY, 13264* <br />Assistant Attorney General <br />Tort Litigation Unit <br />Civil Litigation and Employment Law Section <br />Attorneys for Defendants <br />*Counsel of Record <br />In accordance with Colo.R.Civ.P. 121 § 1-26(7), a printed or printable copy of <br />this document with original signatures is being maintained by the filing party and will <br />be made available for inspection by other parties or the Court upon request. <br />2