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

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

Document 489

Filed 05/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02199-MSK-MEH 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' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF CLAWSON'S MOTION TO REVIEW TAXATION OF COSTS

Defendants, by and through their attorneys, Holland & Hart LLP, hereby move this Court for an extension of time, up to and including June 1, 2007, to respond to Plaintiff Clawson's Motion to Review Taxation of Costs (Dkt. No. 477), filed May 4, 2007. As grounds for this Motion, Defendants state as follows: 1. On April 27, 2007, the Clerk allowed Clawson costs pursuant to 18 U.S.C. § 1920

in the amount of $9,403.02. 2. Plaintiff Clawson filed his Motion to Review Taxation of Costs (Dkt. No. 477) on

May 4, 2007. Defendants' response is presently due May 29, 2007. 3. By Minute Order dated May 22, 2007 (Dkt. No. 488), the Court granted an

extension of time to June 1, 2007 for Defendants to respond to Plaintiff's Motion for Attorneys'

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

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Fees, Costs, and Interest (Dkt. No. 464) and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees (Dkt. No. 482). 4. As the issues in Plaintiff Clawson's Motion to Review Taxation of Costs are

interrelated with those involved in Plaintiff's Motion for Attorneys' Fees and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees, Defendants submit it would be most efficient to respond to all three together at the same time. Therefore, Defendants request an extension of time up to and including June 1, 2007 to respond to Plaintiff Clawson's Motion to Review Taxation of Costs (Dkt. No. 477). 5. Pursuant to D.C. COLO.LCivR 7.1(A), Defendants have conferred with

Plaintiff's counsel concerning this motion, and Plaintiff does not oppose the extension sought. 6. Pursuant to D.COLO.LCivR 6.1, counsel for Defendants states that no previous

extension has been sought or obtained with respect to this response, and that a copy of this motion has been served upon Defendants. WHEREFORE, Defendants respectfully request that they be granted an extension of time up to and including June 1, 2007, to file their response to Plaintiff Clawson's Motion to Review Taxation of Costs (Dkt. No. 477) in the above matter. A form of Order is tendered herewith.

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

Document 489

Filed 05/23/2007

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Dated: May 23, 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

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

Document 489

Filed 05/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on May 23, 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] (J. Keith Killian) [email protected] (Damon J. Davis) and I hereby certify that I have caused to be served the foregoing to the following non-CM/ECF participants by U.S. Mail: Jennifer J. Herner, Esq. (via U.S. Mail) Assistant General Counsel Arch Coal, Inc. 1 CityPlace Drive, Suite 300 St. Louis, MO 63141 Mr. Jay Medailleu (via U.S. Mail) Complex Claims Examiner Lexington Insurance Company 100 Summer Street Boston, MA 02110

s/ Jeffrey T. Johnson Jeffrey T. Johnson

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