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of.coo <br /> H� �90 <br /> 1876 <br /> KEN SALAZAR STATE OF COLORADO STATE SERVICES BUILDLVG <br /> Attorney General 1525 Sherman Street-5th Floor <br /> BARBARa MCDONNELL DEPARTMENT OF LAW Denver,Colorado 80203 <br /> PhonChief Deputy Attorney General FAX R3� 866-5691 <br /> OFFICE OF THE ATTORYEY GENER4L <br /> MICHAEL E.D'MCLACHUaN <br /> Solicitor General <br /> April 5, 1999 <br /> Geoffrey Anderson <br /> Plaza Tower, Suite 1030 <br /> 6400 Fiddlers Green Circle <br /> Englewood, CO 80111 <br /> RE: DOCC of Pitkin County et al v Mid-Continent Resources Inc. et al v. Division of <br /> Minerals and Geology (97CV131-3) <br /> Dear Geoffrey: <br /> You have requested to depose Division employee Steve Renner on April 9, 1999. You have <br /> also requested further responses to your discovery request in your letter of April 1, 1999. In <br /> light of the Motion to Dismiss filed by the Division concerning Mid-Continent Resources and <br /> the Creditors' Trustee's amended complaint, by statute, all discovery must be suspended. <br /> The Division's Motion to Dismiss raises issues of governmental immunity. The Colorado <br /> Governmental Immunity Act provides that: "If a public entity raises the issue of sovereign <br /> immunity prior to or after commencement of discovery, the Court shall suspend discovery, <br /> except any discovery necessary to decide the issue of sovereign immunity, and shall decide <br /> such issue on motion." § 24-10-108, C.R.S. (emphasis added). <br /> The clear and mandatory language of the statute requires that all discovery cease upon a <br /> public entity raising issues of sovereign immunity, except for discovery necessary to decide <br /> the issue of sovereign immunity. Since Mr. Renner would not have information necessary to <br /> decide the issue of sovereign immunity and since your letter of April 1, 1999, requesting <br /> further discovery does not go to the issue`of sovereign immunity, I am denying your request <br /> to depose Mr. Renner and your request for further discovery until the Court rules on the <br /> issues of sovereign immunity. Should you disagree about what the statute requires, the <br /> Division will file a motion for protective order to allow the Court to decide the issue. <br /> EXHIBIT <br /> 3 <br />