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? County Court ® District Court ? Probate <br />Court ? Juvenile Court ? Water Court <br />Montrose County, State of Colorado <br />Court Address: 1200 N Grand Avenue Bin A <br />Montrose CO 81401 EFILED Document <br /> CO Montrose County District Court 7th <br /> Filing Date: Jun 6 2011 1:52PM MDT <br />Plaintiff: Frank Morgan, Mary Lou Morgan, Joellen Filing ID: 37980019 <br />Review Clerk: N/A <br />Turner, and Michael Morgan <br />V <br />Defendants: Western Fuels Colorado, LLC and <br />State of Colorado by and through the Department of * COURT USE ONLY <br />Natural Resources, Division of Reclamation, Mining Case Number: <br />& Safety, and Colorado Mined Land Reclamation 1OCV548 <br />Board <br /> Div.: 4 Ctrm: <br />Order re: Motion to Dismiss <br />The Court has reviewed the motion to dismiss filed by the Colorado Division of <br />Reclamation, Mining & Safety, plaintiffs' response, and the reply. The Court denies the <br />motion to dismiss for reasons argued by plaintiffs. In addition, the Court concludes that <br />the motion involves factual issues and/or issues of record which cannot be properly <br />resolved based on the motion to dismiss alone. CDRMS shall file an answer to the <br />complaint within 10 days. Within 30 days, all counsel shall file a status report regarding <br />what the parties intend to do to file the certified record and to propose a briefing schedule. <br />Prior to filing the status report, all counsel shall confer regarding these issues. Once the <br />Court receives the status reports further direction will be given regarding certification of the <br />record and a briefing schedule. <br />Dated: b `, ' ` I I <br />M Di trict Court Judge <br />XC: McAnany, Ramirez, Roberts, Fugate, Kamper <br />ID <br />