1998-08-13_GENERAL DOCUMENTS - C1981017 (2)

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'7 District Court, County of Pitkin, State of Colorado AU G 13 1998 Case No. 97 CV 131-3 C:• Tit,s OF TK.: 41 -a 1 Vl�l•✓ ✓t ✓a -r,� �L; ;,OLT:C�:S S� r,0N MOTION TO AMEND THIRD-PARTY COMFLANT Board of County Commissioners of Pitkin County, Colorado, and Thomas Carl Oken, Pitkin County Treasurer, Plaintiffs, V. Mid-Continent Resources, Inc., and Louis M. LaGiglia, Creditors' Trustee under Bankruptcy Plan of Liquidation Defendants& Third-Party Plaintiffs, V. State of Colorado, Department of Natural Resources, Division of Minerals and Geology, Third-Party Defendant. Defendants and Third-Party Plaintiffs, Mid-Continent Resources, Inc. and Louis M. LaGiglia, Creditors' Trustee under Bankruptcy Plan of Liquidation (collectively "Defendants") by their attorneys, Burns, Figa & Will, P.C., hereby move this Court pursuant to C.R.Civ.P. 15 to amend their Third-Party Complaint in this proceeding. As grounds for this Motion, Defendants state as follows: 1. During the course of discovery, it has become apparent that Third-Party Defendant ("DMG"), has in the past and plans in the future to expend funds and incur costs above and beyond the levels authorized by the Reclamation Plan which is part of the Bankruptcy Liquidation Plan. 2. As set forth in the attached Amended Third-Party Complaint, reclamation costs are capped at $3 million and the Bankruptcy Liquidation Plan contemplates that if reclamation is completed for a sum less than that, the remaining funds will be distributed to other creditors pursuant to the Liquidation Plan. Therefore, the Amended Third-Party Complaint seeks damages from DMG for breaching the Bankruptcy Liquidation Plan by going beyond the Reclamation Plan and expending funds that should be otherwise available to other creditors under the Liquidation Plan. 1 CIVIL NO. 97 CV 131-3 MOTION TO AMEND THIRD-PARTY COMPLAINT