1998-08-26_GENERAL DOCUMENTS - C1981017

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08/26/98 14:55 FAX 3037962777 BURNS FIGA & WILL Z 003/004 1997, requested, among other things,that "this Court . . . order DMG's full and complete compliance with the Plwi. . ." MCR's Amended Complaint, while listing six separate claims for relief, generally requests that this Court order DMG's compliance with the reclamation plan approved as part of the Bankruptcy Liquidation Plan. Thus, MCR's Amended Third-Party Complaint merely sets forth in more detail relief that it had previously requested. Even if the Amended Complaint raises additional issues, the pre-trial discovery plan set forth in the proposed Revised Case Management Order need not change. A proposed Revised Case Management Order was submitted to DMG's counsel on August 26, 1998. The existing Case Management Order calls for expert witnesses, depositions of parties and depositions of two additional fact witnesses per side. The proposed Revised Case Management calls for two to three experts for MCR and otherwise, substantially the same discovery. MCR's proposed Amended Third-Party Complaint will not substantially change the character of this case and the proposed Revised Case Management Order can be equally effective and applicable in the event this Court either grants or denies MCR's Motion to Amend the Third-Party Complaint. This Court should stick with its original schedule and not accept DMG's invitation to ` further delay these proceedings. WHEREFORE, Mid-Continent Resources, Inc. and Louis M. LaGiglia as Trustee, respectfully requests that this Court deny DMG's Motion to Vacate Status Conference and Requirement of Submission of Proposed Case Management Order and for such further relief as the Court deems just_ DATED August 26, 1998_ Respectfully submitted, BURNS, FIGA&WTLL,P.C. r By: ey rs 1 07) Jeffrey u (26821) One DTC, Penthouse Three 5251 DTC Parkway Englewood, Colorado 80111 Telephone: (303) 796-2626 Attorneys for Defendants and Third-Party Plaintiffs 2