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case is re-referred, it is then subject to specific court <br />deadlines, including filing initial disclosures of witnesses and <br />documents. An initial status conference is held with the water <br />court judge, and the trial date is set, with specific filing <br />deadlines ordered for expert disclosures, identification of <br />issues, and other pretrial matters. <br />A trial in this case would likely be set for eight to ten <br />days, although it is unlikely that the trial would actually last <br />that long once parties begin to settle out. If the matter was <br />already on the judge's docket, and we were to request a trial <br />date immediately, it is likely that a trial would be set no <br />earlier than late 2012. <br />I will continue to work with City staff to determine <br />whether this case should remain on the referee's docket, or re- <br />referred to the judge's docket. There will be additional fees <br />and costs involved in having the case on the judge's docket, as <br />additional pleadings would be filed with the court, formal <br />discovery might occur, and there will be various court <br />appearances. The advantage to the City is that there are then <br />time deadlines set, and it is more likely that the case will be <br />resolved earlier in the process. <br />AGH /cmc <br />Very truly yours, <br />TIENKEN & HILL, LLP <br />Alan G. Hill <br />October 1, 2010 <br />Page 2 of 2 <br />