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{ <br /> 4. DMG will Suffer no Prejudice <br /> In considering whether to grant a motion to intervene, courts will consider the prejudice <br /> suffered by the objecting party. (See Andrikopoulos, supra, where the court stated, "because of the <br /> late tiling, plaintiff had little or no opportunity to investigate the allegations contained in the <br /> motion.") 911 P.2d at 667. Similarly, in International Brotherhood of Electrical Workers Local 68 <br /> v. Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo. App. 1994), <br /> the court allowed the motion to intervene only two days before a hearing. The court found in part, <br /> "Thus, considering that the motion was filed only ten days after the issuance of the show cause order, <br /> and that IBEW has shown no resulting prejudice from the trial court's ruling, under the <br /> circumstances, the trial court did not err in allowing Riviera to intervene." 880 P.2d at 164. <br /> In this case, DMG has not even articulated, much less demonstrated, any type of prejudice <br /> that it will stiffer should MidCon be allowed to intervene in this case at this point. As previously <br /> stated, no trial date has been set, discovery has not commenced on the Amended Third Complaint <br /> and although a Case Management Order has been signed, the Court has ordered that a revised Case <br /> Management Order be filed in January, 1999. (Order dated December 4, 1998) <br /> B. The Second and Third Claims in MidCon's Proposed <br /> Third Party Complaint are Appropriate for this Litigation <br /> The Second Claim for Relief in MidCon's proposed Third Party Complaint is for breach of <br /> contract against DMG for failing to adequately fulfill the reclamation plan resulting in a diminished <br /> value of MidCon's real estate in Coal Basin. In its objection, DMG argues that this claim amounts <br /> to interjecting new issues into this lawsuit. On the contrary, this is the same type of activity that <br /> MCR has complained about in its Amended Third Party Complaint (i.e., whether DMG has <br /> 5 <br />