Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH

Document 514

Filed 07/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-02199-MSK-MEH MICHAEL E. CLAWSON and JARED L. DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC., Defendants.

PLAINTIFF'S UNOPPOSED MOTION FOR PERMISSION TO FILE OVERSIZE REPLY BRIEF

The plaintiff, Michael E. Clawson through his undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit his Unopposed Motion for Permission to File Oversize Reply Brief, and in support thereof, state as follows: CERTIFICATE OF CONFERRAL On July 27, 2007, plaintiff's counsel sent an e-mail to defense counsel asking for defendants' position on this motion. Defense counsel responded the same day, stating there was no objection to plaintiff's filing an oversize brief. ARGUMENT AND REQUEST FOR RELIEF 1. On June 1, 2007, defendants filed their response to Clawson's motion for attorney

fees and expenses, and the supplement to the motion for attorney fees and expenses. Docket No.

Case 1:01-cv-02199-MSK-MEH

Document 514

Filed 07/30/2007

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492. The response was 62 pages long. In addition, defendants submitted numerous of their own exhibits on the issue of attorney fees. 2. Pursuant to the order of Magistrate Hegarty, Clawson's reply is due July 30, 2007.

This motion is being filed simultaneously with the reply. 3. Pursuant to MSK Civ. Practice Standard V.A. replies are not to exceed 10 pages.

In light of defendants' additional pages, and the need to address the numerous issues raised in the response, Clawson requests permission to submit a reply in excess of 10 pages. 4. Defendants' response raises a number of arguments in regard to both attorney fees

and expenses. The response addresses many specific motions, hearings, depositions, and expenses. Clawson must address each of these. 5. Clawson's reply is 53 pages long. This is fewer pages than was submitted by

defendants in the response. Clawson requests that the court accept this oversize brief. An order is attached for the court's convenience. Wherefore, Clawson requests that the court grant this unopposed motion accept his over size reply brief on the issue of attorney fees and expenses.

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Case 1:01-cv-02199-MSK-MEH

Document 514

Filed 07/30/2007

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RESPECTFULLY SUBMITTED this 30th day of July, 2007.

s/ J. Keith Killian J. Keith Killian Damon Davis Killian, Guthro & Jensen, P.C. 225 N. 5th Street Grand Junction, CO 81501 Telephone: (970) 241-0707 FAX: (970) 242-8375 E-mail: [email protected] Attorney for Plaintiff Michael E. Clawson

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Case 1:01-cv-02199-MSK-MEH

Document 514

Filed 07/30/2007

Page 4 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 30th day of July, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]

and, I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Mr. Michael Clawson 38506 Back River Road Paonia, CO 81428 Mail

s/J. Keith Killian ___ J. Keith Killian, Esq. No. 9042 Attorney for Plaintiffs Killian, Guthro & Jensen, P.C. 225 North 5th Street Grand Junction, Colorado 81501 Telephone: (970) 241-0707 Fax: (970) 242-8375 [email protected]

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