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RECRY Ff 0 <br /> DISTRICT COURT, PITKIN COUNTY, STATE OF COLORADO SEP 16 1998 <br /> Case. No. 9-7 CV 1:51 <br /> F,:?C.Z1,LYG::;N:2AL <br /> ORDER GRANTING MOTION TO AMEND NON.1_U_2-ES0UicZSSZCnON <br /> BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO et. al. , <br /> PLAINTIFFS <br /> VS . <br /> MID-CONTINENT RESOURCES, INC. , et al. , <br /> DEFENDANTS and THRID-PARTY PLAINTIFFS <br /> VS . <br /> STATE OF COLORADO, et, al, <br /> THIRD-PARTY DEFENDANTS <br /> Date of action: Monday, September 14, 1998 <br /> Presiding Judge: T. PETER CRAVEN <br /> Action by Court: <br /> Mid-Continent Resources and Louis M. La Giglia ("'Movants") <br /> move the Court for an order permitting them to file and serve an <br /> Amended Third-Party Complaint. The Third-party Defendant ("State") <br /> objects, and the Plaintiff ("BOCC") expresses reservations about <br /> the amendment. <br /> C.R.C.P. 15 (a) provides in part: <br /> "A party may amend his pleading once as a <br /> matter of course at any time before a <br /> responsive pleading is filed or, if the <br /> pleading is one to which no responsive <br /> pleading is permitted and the action has not <br /> been placed upon the trial calendar, he may <br /> so amend it any time within twenty days after <br /> it is filed. Otherwise, a party may amend <br /> his pleading only by leave of court or by <br /> written consent of the adverse party; and <br /> leave shall be freely given when justice so <br /> requires . " <br /> Leave to amend is a discretionary matter which is left to the <br /> trial court to determine, Foman v. Davis, 371 U. S. 178, 182 <br />