1998-02-09_GENERAL DOCUMENTS - C1981017

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 2/9/1998
• Doc Name: Acknowledge receipt of letter dated 02/04/1998
• From: Delaney & Balcomb, P.C.
• To: Cheryl Linden
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

AGO NAT. RES. SECTION Fax=3038663558 Feb 4 '98 15:42 P.02
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GALE A.General
rn Attoey General STATE OF COLORADQ STATE SEIRVXW B[Tl VING1525 Sherman Strew-Sth Floor
ffAK JKA PHMLWS ALL8JuG1tT DEPARTN MNT OF LAW Denver Colorado M03
Chief Deputy Attorney 4eneral Phone [phone]
R1CHwA A.VV1r87FAI.L 0B1Rl(CE OF ATr ORNzY G1.N=AL FAX [phone]
Solicitor cmitaal
February 4, 1,998
VIA FACSIMILE
Ed Mulhall
Delaney&Balcomb
P.O. Drawer
818 Colorado Avenue
Glenwood Springs,CO 81602
RE: Comm'rs Pitldn County v.Mid-Continent Resources v. Division of Minerals and
Geology, Civil No.97 CV 131-1,Pitldn County District Court;MCR.'s Initial
Interrogatories;Designation of Party Representatives; Corrections to Division's
Accounting
Dear Ed:
I have received Defendants' Ituitial Interrogatories to the Third-Party Defendant,the
Divisions of Minerals and Geology. .Defendwts,discovery request is in excess of the number of
interrogatories allowed by the Case Management Order(CM0)and C.R.C.P.26. The CMO in
section IV.Discovery Schedule,states that the parties believe that discovery in excess of Rule
26(b)(2)will not be necessary in this case. Accordingly,the CMO limits interrogatories to those
allowed under Rule 26(b)(2), which is 30 interrogatories. Defendants' discovery request
contains 55 interrogatories. DMG will answer the first 30 interrogatories and will object to
Interrogatories 31-55 on the basis that they are in violation of the CMO and Rule 26.
On a related note,I have not received MCR's designation of representatives of MCR for
deposition purposes. Please advise on the status of MCR's designation. The CMO se#a deadline
of February 2. 1998,for such;designation.
As to the Divisions's discovery request to MCR and Louis LaGiglia, a definition of
MCR's permit was inadvertantly excluded from the discovery request. "MCR's permit"menus
the permit no. C-81-017 issued by the Mined Land Reclamation Board to McR pursuant to the
Colorado Surface Coal Mining Reclamation Act, C.R.S. Title 34,Article 33,and the reclamation
Plan subnulitted pursuant to that Act,as approved by the Board in permit C-81-017 and governed
by the terns of that Act and regulations promulgated thereto, including revisions to the permit
approved by the Division and\or the Board. Please use this definition in responding to the
Division's discovery request.