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Fax:3038663558 Jan 19 '99 14:29 P.04 <br /> 1. <br /> 1. MCR anticipates the need for at least two reclamation experts and possibly <br /> one other expert. DMG anticipates the need for at least one reclamation expert and possibly <br /> one other expert. Pitkin County does not anticipate the need for expert witnesses at this time <br /> but will rely on any experts designated by DMG. In addition, some of the information held <br /> by persons listed in response to Rule 26(a)(1)may include opinions based upon each <br /> individual's knowledge,skill, experience,training and education. The parties will identify <br /> and provide Rule 26(a)(2)(C) disclosures by May 7, 1999. The parties will identify any <br /> rebuttal witnesses and provide expert reports by June 4, 1999. <br /> Dispute: At the Case Management Conference held on November 26, 1997, the Court <br /> considered DMG's objection to MCR's designation of Gregory Lewicki as not being an <br /> expert witness retained or specially employed to provide expert testimony or whose t' <br /> employment duties regularly involve giving expert testimony. Having heard argument from . <br /> MCR and DMG,the Court accepted MCR's position the Gregory C.Lewicki is a regular ' <br /> expert witness under Colo.R. Civ. P. Rule 26(a)(2)(B)(II). However, the Court ordered that <br /> any reports that counsel for MCR has received from Mr. Lewicki shall be'provided to <br /> opposing counsel within forty-eight(48) hours-of the date of this—order. Any subsequent <br /> reports received from Mr.Lewicki by MCR's counsel shall be provided to opposing counsel <br /> no later than forty-eight(48)hours from MCR's counsel's receipt of any subsequent report. <br /> Resolution: Counsel for MCR and DMG have subsequently resolved this dispute. <br /> Counsel for MCR agrees that Gregory C. Lewicki and Michael Savage are retained or <br /> specially employed witnesses under Rule 26(a)(2)(B)(1), and shall make expert disclosures <br /> pursuant to that provision of the Rule under the dates for disclosure set forth in this Case <br /> Management Order. <br /> C. Continuing Duty to Disclose <br /> r <br /> The parties acknowledge that they have a continuing duty to timely supplement or <br /> correct their disclosure statements pursuant to Rule 26(a)(1)and (e), COLO. R. CIV. P. <br /> 3 <br />