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

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

Document 486

Filed 05/21/2007

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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 PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND TO PLAINTIFF CLAWSON'S MOTION TO SUPPLEMENT MOTION FOR ATTORNEYS' FEES 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's Motion for Attorneys' Fees, Costs, and Interest (Dkt. No. 464), filed April 10, 2007, and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees, Costs, and Interest for Expenses Not Awarded in the Bill of Costs and to Correct Minor Errors in Billing Fees (Dkt. No. 482), filed May 14, 2007, in the above matter. As grounds for this Motion, Defendants state as follows: 1. Judgment in this case was entered on March 27, 2007 (Dkt. No. 457) in favor of

Plaintiff Michael Clawson and against Plaintiff Jared Dillon. 2. Plaintiff Clawson filed his Motion for Attorneys' Fees (Dkt. No. 464) on April 10,

2007. He later filed his Motion to Supplement Motion for Attorneys' Fees (Dkt. No. 482) on May 14, 2007.

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

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Filed 05/21/2007

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3.

Defendants previously sought, and were granted, an extension of time up to and

including May 25, 2007 to respond to Plaintiff's Motion to Attorneys' Fees. See Defendants' Motion for Extension of Time (Dkt. No. 473), filed May 1, 2007; Minute Order (Dkt. No. 475), filed May 3, 2007. 4. In connection with responding to Plaintiff's Motion for Attorneys' Fees and

Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees, Defendants have engaged an expert witness as to attorneys' fees issues, Sander N. Karp. It was anticipated that, with the extension to May 25, 2007, there would be sufficient time to prepare Defendants' response, including working with Mr. Karp. 5. However, Mr. Karp's schedule has been unexpectedly disrupted. Mr. Karp is

currently representing the accused in a military court martial proceeding at Ft. Carson, United States v. Reuben Miller. Mr. Karp is lead civilian counsel for the accused. Because of a motion to recuse the presiding officer, the original trial date had been vacated. However, a new presiding officer was named and the trial was rescheduled on an expedited basis, for May 22 and 23, 2007. Thus, Mr. Karp was largely unavailable to assist in this case last week and will be unavailable this week until after the trial concludes. 6. Further, Plaintiff filed his Motion to Supplement Motion for Attorneys' Fees last

week, on May 14. Thus, Defendants are required to respond to Plaintiff Clawson's Motion to Supplement, as well as the original Motion for Attorneys' Fees. 7. 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

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

Document 486

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herein, so long as Defendants respond to both motions by June 1, as to which Defendants have agreed. 8. Pursuant to D.COLO.LCivR 6.1, counsel for Defendants states that one previous

extension has been sought and obtained, as set forth above, 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's Motion for Attorneys' Fees (Dkt. No. 464) and Plaintiff Clawson's Motion to Supplement Motion for Attorneys' Fees (Dkt. No. 482) in the above matter. A form of Order is tendered herewith.

Dated: May 21, 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

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Filed 05/21/2007

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CERTIFICATE OF SERVICE I hereby certify that on May 21, 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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