1999-04-05_GENERAL DOCUMENTS - C1981017 (2)

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KEN SALAZAR Attorney General BARBARA MCDONNELL Chief Deputy Attorney General MICHAEL E. MCLACHLAN Solicitor General Geoffrey Anderson Plaza Tower, Suite 1030 6400 Fiddlers Green Circle Englewood, CO 80111 Dear Geoffrey: STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL April 5, 1999 STATE SERVICES BUILDING 1525 Sherman Street - 5th Floor Denver, Colorado 80203 Phone (303) 866 -4500 FAX (303) 866 -5691 RE: BOCC of Pitkin County. et al v. Mid - Continent Resources, Inc., et al v. Division of Minerals and Geology (97CV131 -3) You have requested to depose Division employee Steve Renner on April 9, 1999. You have also requested further responses to your discovery request in your letter of April 1, 1999. In light of the Motion to Dismiss filed by the Division concerning Mid - Continent Resources and the Creditors' Trustee's amended complaint, by statute, all discovery must be suspended. The Division's Motion to Dismiss raises issues of governmental immunity. The Colorado Governmental Immunity Act provides that: "If a public entity raises the issue of sovereign immunity prior to or after commencement of discovery, the Court shall suspend discovery, except any discovery necessary to decide the issue of sovereign immunity, and shall decide such issue on motion." § 24 -10 -108, C.R.S. (emphasis added). The clear and mandatory language of the statute requires that all discovery cease upon a public entity raising issues of sovereign immunity, except for discovery necessary to decide the issue of sovereign immunity. Since Mr. Renner would not have information necessary to decide the issue of sovereign immunity and since your letter of April 1, 1999, requesting further discovery does not go to the issue of sovereign immunity, I am denying your request to depose Mr. Renner and your request for further discovery until the Court rules on the issues of sovereign immunity. Should you disagree about what the statute requires, the Division will file a motion for protective order to allow the Court to decide the issue.