Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

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

Document 496

Filed 06/08/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-MK-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.

MOTION FOR EXTENSION OF TIME TO FILE PLAINTIFF'S REPLY RE: PLAINTIFF'S MOTION FOR ATTORNEYS' FEES, COSTS, AND INTEREST (DKT. NO. 464), PLAINTIFF CLAWSON'S MOTION TO REVIEW TAXATION OF COSTS (DKT. NO. 477), AND PLAINTIFF CLAWSON'S MOTION TO SUPPLEMENT MOTION FOR ATTORNEYS' FEES (DKT. NO. 482)

The plaintiff, Michael E. Clawson, through his undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit this Motion for Extension of Time to File Plaintiff's Reply Re: Plaintiff's Motion for Attorneys' Fees, Costs, and Interest (Dkt. No. 464), Plaintiff Clawson's Motion to Review Taxation of Costs (Dkt. No. 477), and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees (Dkt. No. 482), and in support thereof, state as follows: 1. Interest. On April 10, 2007, plaintiff Clawson filed his Motion for Attorneys' Fees, Costs, and

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

Document 496

Filed 06/08/2007

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2.

On May 1, 2007, defendants filed a motion requesting an extension of time until May

25, 2007 to file their response to plaintiff's motion for attorneys' fees. On May 2, 2007, the Court granted defendants' motion for an extension of time to file their response. 3. On May 22, 2007, defendants filed a second motion requesting an extension of time

until June 1, 2007, to file their response to plaintiff's motion for attorneys' fees. On May 22, 2007, the Court granted defendant's motion for an extension of time to file their response. 4. On June 1, 2007, the defendants e-filed Defendants' Response to Plaintiff's Motion

for Attorneys' Fees, Costs, and Interest (Dkt. No. 464), Plaintiff Clawson's Motion to Review Taxation of Costs (Dkt. No. 477), and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees (Dkt. No. 482). 5. Pursuant to D.C.COLO.LCivR 7.1(C), the moving party may file a reply within

fifteen days "after the filing date of the response, or such lesser or greater time as the court may allow." Plaintiffs' counsel tickled for deadline June19, 2007, as the deadline to reply to the defendants' response. This date includes an additional three days pursuant to Fed. R. Civ. P. 6(e). 6. The defendants' response consists of several issues and points of contention which

span nearly sixty-five pages, not to mention five inches of exhibits consisting of hundreds of pages. Defendants had over fifty days to respond to plaintiff's motion. Defendants were granted what amounted to an extension of thirty days by the court, after all extensions were granted. 7. Pursuant to Fed.R.Civ.P. 6(b) and D.C.COLO.LCivR 6.1, this Court has the

discretion to grant an extension of time to reply to defendants' response.

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8.

The subject matter of the original motion, the attorneys' fees of Killian, Guthro &

Jensen, P.C. for work done on prevailing plaintiff Clawson's case, is of vital importance in this litigation. As such, plaintiff requests an extension of time of thirty days, until July 19, 2007, to reply to defendants' response. This extension is reasonable as it is equal to the extension granted to defendants for their response. 9. Pursuant to D.C.COLO.LCivR 7.1(A) counsel for plaintiff has conferred with counsel

for defendants regarding this motion. Defendants would not object to a reasonable request for an extension of time by Plaintiff to file his Reply Brief in support of the Motion for Attorneys' Fees, given the length of defendants' response and the number and complexity of the issues raised therein. Defendants stated a reasonable extension solely for such purpose should not exceed an additional 14 days, giving plaintiff a total of 32 days to respond (Response filed 6/1; Reply due 6/19 - 15 days, plus 3 for mailing; with 14-day extension, Reply would be due 7/3). Defendants oppose any request for additional time beyond the fourteen day extension to file plaintiff's reply. 10. Pursuant to D.C.COLO.LCivR 6.1, counsel for plaintiff states that no previous

extensions of time to reply to defendants' response have been sought or obtained, and that a copy of this motion has been served upon defendants. WHEREFORE, the plaintiff respectfully requests he be allowed a thirty day extension, up to and including July 19, 2007, in which to reply to the defendants' response to plaintiff's motion for attorneys' fees.

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RESPECTFULLY SUBMITTED this

day of June, 2007. KILLIAN, GUTHRO & JENSEN, P.C.

J. Keith Killian Damon J. Davis Post Office Box 4859 Grand Junction, Colorado 81502 Telephone: (970) 241-0707 ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 10th day of April, 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]