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strike such language in Plaintiff's Motion for Certification of Administrative Record or deny <br />that portion of the Motion.' <br />WHEREFORE, the Board and Division respectfully request that this Court strike the <br />above-cited paragraphs and language from Plaintiff's Complaint and Plaintiff's Motion for <br />Certification of Administrative Record. The Board and Division also request that the <br />deadline to answer Plaintiff's Complaint be set 10 days from this Court's ruling on this <br />Motion. See C.R.C.P. 12(a). <br />Dated this 25th day of January 2011. <br />Respectfully submitted, <br />JOHN W. SUTHERS <br />Attorney General <br />/s/Cheryl A. Linden <br />CHERYL A. LINDEN, 14185* <br />First Assistant Attorney General <br />Resource Conservation <br />Natural Resources and Environment Section <br />Attorneys for Division of Reclamation, Mining and <br />Safety <br />*Counsel of Record <br />JOHN W. SUTHERS <br />Attorney General <br />/s/ John J. Roberts <br />JOHN J. ROBERTS, 30124* <br />Assistant Attorney General <br />Agriculture/Professional Unit <br />Business & Licensing Section <br />Attorney for Mined Land Reclamation Board <br />*Counsel of Record <br />' It has come to undersigned counsels' attention that the Court granted Plaintiff's Motion on <br />January 18, 2011 without allowing the Board and Division to respond to such motion <br />pursuant to C.R.C.P. 121, § 1-15. Therefore, to the extent necessary, the Board and Division <br />request that the Court clarify that its approval of the Motion does not include documents <br />unrelated to the present case as stated herein. <br />4