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order based on the present complaint and the pre-trial activities that still need to be <br /> accomplished. <br /> However, if the Court grants the motion to amend despite the Division's <br /> objection, any proposed case management order will differ greatly from one based on <br /> the current complaint. The amended complaint raises substantially different issues and <br /> claims for relief than the ones asserted in the present Third-Party Complaint. <br /> Consequently, if the amendment is allowed, this case will basically start over, <br /> beginning with the Division's answer to the complaint, Rule 26 disclosures, and <br /> discovery. Any case management order for the amended complaint would contain a <br /> much different pre-trial schedule than an order based on the present Third-Parry <br /> Complaint. It is therefore in the interests of judicial economy for the parties and this <br /> Court to delay proposing a new case management order until the Third-Party <br /> Plaintiffs' motion to amend has been resolved. <br /> WHEREFORE,the Division of Minerals and Geology request this Court to <br /> vacate the status conference set for August 28, 1998, and vacate the requirement to <br /> propose a case management order until after this Court has ruled on the Third-Party <br /> Plaintiffs' Motion to Amend Third-Party Complaint. <br /> GALE A.NORTON <br /> Attorney General <br /> RICHARD A. WESTFALL <br /> Solicitor General <br />