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

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

Document 491

Filed 06/01/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-MK-2199 (JMR) MICHAEL E. CLAWSON and JARED L. DILLON, Plaintiffs, vs. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC. Defendants.

DEFENDANTS' MOTION FOR ENLARGEMENT OF PAGE LIMIT
Defendants Mountain Coal Company, L.L.C., Arch Western Resources, L.L.C., and Arch Coal, Inc., by their attorneys, Holland & Hart LLP, hereby move for an enlargement of the page limit for their consolidated response to Plaintiff Clawson's Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 464), filed April 10, 2007, Motion to Review Taxation of Costs (Dkt. No. 477), filed May 4, 2007, and Motion to Supplement Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 482), filed May 14, 2007. As grounds therefore, Defendants state as follows: 1. In an Order dated May 22, 2007 (Dkt. No. 488), the Court granted Defendants'

Unopposed Motion for Extension of Time until June 1, 2007 to Respond to Plaintiff's Motion for Attorneys' Fees, Costs and Interest and Plaintiff's Motion to Supplement Motion for Attorneys' Fees, Costs and Interest. On May 23, 2007, Defendants filed an unopposed Motion for Extension of Time until June 1, 2007 to Respond to Plaintiff's Motion to Review Taxation of Costs (Dkt. No. 489), which Motion is still pending.

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

Document 491

Filed 06/01/2007

Page 2 of 4

2.

Because the issues in Plaintiff's Motion to Review Taxation of Costs are

interrelated with those involved in his Motion for Attorneys' Fees, Costs and Interest and his Motion to Supplement Motion for Attorneys' Fees, Costs and Interest, Defendants intend to respond to all three motions at the same time. 3. Pursuant to the Court's Civil Practice Standards, MSK Civ. Practice Standard

V.A, responses to non-dispositive motions are limited to 15 pages. 4. Defendants intend to file a consolidated response to the three separate, but related

motions. The first of these motions, Plaintiff's Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 464), is twenty-one pages in length and includes more than 600 pages of billing records and receipts. By such Motion, Plaintiff seeks $742,401.01 in fees (as corrected) and $46,824.98 in expenses. Plaintiff's Motion to Supplement Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 482) is ten pages in length and contains an additional 300-plus pages of "corrected" billing records and receipts. In the Motion to Supplement, Plaintiff seeks an additional $15,601.50 in fees and $4,720.65 in costs. 5. Defendants request that the Court's 15-page limit be enlarged to no more than 65

pages for their consolidated response to these three motions. The page limit enlargement is requested so that Defendants can adequately address the issues raised in these motions and in the hundreds of pages of records and receipts attached to the motions. 6. In accordance with D.C.COLO.LCivR 7.1(A), Defendants state that they have

conferred with counsel for Plaintiff Clawson regarding this motion. Plaintiff indicated that he does not object to an increase to 55 pages, but does object to any extension longer than that.

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

Document 491

Filed 06/01/2007

Page 3 of 4

WHEREFORE, Defendants request an enlargement of the Court's 15-page limit to no more than 65 pages for their consolidated response to Plaintiff Clawson's Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 464), filed April 10, 2007, Motion to Review Taxation of Costs (Dkt. No. 477), filed May 4, 2007, and Motion to Supplement Motion for Attorneys' Fees, Costs and Interest (Dkt. No. 482), filed May 14, 2007. Dated: June 1, 2007.

Respectfully submitted,

s/ Jeffrey T. Johnson Jeffrey T. Johnson Christina Gomez HOLLAND & HART LLP D.C. Box 6 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 (303) 295-8000 ATTORNEYS FOR DEFENDANTS

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

Document 491

Filed 06/01/2007

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CERTIFICATE OF SERVICE I hereby certify that on June 1, 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 email addresses: [email protected] (J. Keith Killian) [email protected] (Damon Davis) I am not aware of any non CM/ECF participants in this matter requiring service by other means.

s/ Jeffrey T. Johnson Jeffrey T. Johnson Christina Gomez Attorneys for Defendants HOLLAND & HART LLP 555 Seventeenth Street, Ste. 3200 Post Office Box 8749 Denver, Colorado 80201 Telephone: (303) 295-8000 Facsimile: (303) 295-8261 E-mail: [email protected] [email protected]

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