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B. Between MCR and DMG <br /> MCR and DMG have been in settlement negotiations since September <br /> 1997. Without waiving its defenses to the Third-party Complaint, DMG has agreed to <br /> work on an accounting of the money the Division has received through MCR's <br /> liquidation plan; the amount of these funds the Division has spent on reclamation; and the <br /> Division's best estimate of anticipated costs of completing reclamation. Barring <br /> unforeseen circumstances, the Division anticipates providing an accounting to MCR by <br /> January 2, 1998. All parties agree that DMG's resources are best directed toward <br /> calculations regarding the accounting rather than preparing for and participating in <br /> discovery. Accordingly, the parties have agreed to defer initiation of discovery until <br /> February 2, 1998. <br /> VIII. <br /> OTHER MATTERS <br /> There are no other pending matters at this time. This Case Management Order <br /> shall control the course of this action prior to entry of the Trial Management Order and <br /> may not be amended except by consent of the parties and approval of the Court or Order <br /> of the Court. The Court shall not entertain a motion to modify the Case Management <br /> Order unless counsel for the moving party has conferred or made reasonable efforts to <br /> confer with opposing counsel concerning the matter in dispute before filing the motion. <br /> In the event of ambiguity in the Case Management Order, the Court shall interpret the <br /> Order in the manner which best advances the interests of justice. <br /> This Case Management Order shall be updated as necessary. <br /> Dated this day of , 1997. <br /> APPROVED BY THE COURT: <br /> District Court Judge <br /> 10 <br />