Free Stipulation - District Court of Colorado - Colorado

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

Document 453

Filed 03/21/2007

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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.

STIPULATION RE: PRE-JUDGMENT INTEREST CALCULATION

Pursuant to the Court's Opinion and Order Granting, in Part, Defendants' Motion for Judgment as a Matter of Law, dated January 24, 2007 (the "Order"), the parties hereby stipulate and agree as follows: 1. The amount of pre-judgment interest on the award of economic damages

to Plaintiff Michael Clawson, as reduced by the Order ($219,011.00), is $71,980.07, through and including March 27, 2007. After March 27, 2007, interest on such economic damage award shall accrue until judgment is entered at the rate of $39.06 per day up to and including May 13, 2007, and at the rate of $39.32 per day thereafter. Once judgment is entered, post-judgment interest shall accrue as provided in 28 U.S.C. §1961.

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

Document 453

Filed 03/21/2007

Page 2 of 2

2.

By stipulating to the amount of such pre-judgment interest, Defendants do

not waive their right to contest the jury's verdict in favor or Plaintiff Clawson, the amount of damages awarded to him, or any of the Court's rulings with respect to Plaintiff Clawson. 3. By stipulating to the amount of pre-judgment interest, Plaintiff Clawson

does not waive any right of appeal, including but not limited to, the right to appeal the Court's reduction in economic damages, the Court's order regarding the interest rate, or the Court's order declining to award prejudgment interest on non-economic damages

DATED: March 21, 2007. KILLIAN, GUTHRO & JENSEN, P.C. HOLLAND & HART LLP

s/ J. Keith Killian J. Keith Killian Damon Davis P.O. Box 4859 Grand Junction, Colorado 81502 (970)241-0707

s/ Jeffrey T. Johnson Jeffrey T. Johnson Christina Gomez 555 Seventeenth Street, Suite 3200 P.O. Box 8749 Denver, Colorado 80201 (303)295-8000 ATTORNEYS FOR DEFENDANTS

ATTORNEYS FOR PLAINTIFFS

3676898_2.DOC

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