Free Notice (Other) - District Court of Colorado - Colorado

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

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Filed 01/08/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-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.

NOTICE OF COMPLETED BRIEFING AND MOTIONS RIPE FOR DETERMINATION

The plaintiffs, Michael E. Clawson and Jared L. Dillon, through their undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit their Notice Of Completed Briefing And Motions Ripe For Determination, and in support thereof, state as follows: 1. Pursuant to D.C.COLO.LCivR 7.1(c) motions practice in the United States

District Court for the District of Colorado consists of a motion, a response, and a reply. After the jury verdict and the end of the trial in this matter several motions were filed. Briefing was completed on each of these matters as described below.1 2. On April 27, 2006, plaintiffs filed a Motion For Permission to Speak to Former

Jurors. Defendants took no position on the Motion, and it does not appear and responsive

While a notice that motion is at issue is not required by the Federal Rules of Civil Procedure, or the local rules of this court, they have been found helpful by courts and attorneys. See U.R.C.P. 7(d) and Notice of Motion to Consolidate at Issue (Exhibit 1). Such notices help the parties and the court identify what motions have been filed and remain outstanding. They also help the clients understand what has been done for their benefit. Additionally, when there have been multiple filings, such a notice may serve as an easy reference for the court.

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pleading is to be expected. In any event, the time for filing a response has expired. D.C.COLO.LCivR 7.1(c). Therefore, this motion is ripe for determination. 3. On May 9, 2006, plaintiff's filed a Motion for Clarification and Conditional

Motion for Briefing and Briefing Schedule. On May 10, 2006, defendants filed a Response to the Motion for Clarification. On May 19, 2006, plaintiffs filed a Reply Regarding Plaintiff's Motion for Clarification. Briefing on this motion is completed. 4. On May 11, 2006, plaintiffs filed a Motion for Assessment and Award of Punitive

Damages By The Court or For Additur. On June 5, 2006, defendants filled a Response to Plaintiffs Motion for Assessment and Award of Punitive Damages. On June 21, 2006, Plaintiffs filed a Reply Regarding the Motion for Assessment and Award of Punitive Damages. Briefing on this motion is completed. 5. On May 11, 2006, plaintiffs filed a Motion for Entry of Judgment. On June 5,

2006, defendants filed a Response to the Motion for Entry of Judgment. On June 21, 2006, plaintiffs filed a Reply on the Motion for Entry of Judgment and a Proposed Judgment. Briefing on this motion is complete. However the May 24, 2006, Notice of Error and Undisputed Motion to Amend Plaintiffs' Motion for Back Pay and Interest is also relevant to this motion. 6. On May 11, 2006, plaintiff Dillon filed a motion for Front Pay and Interest. On

June 5, 2006, defendants filed a Response to Plaintiff Dillon's Motion for Front Pay and Interest. On June 16, 2006, Dillon filled a Rely Regarding Plaintiff Dillon's Motion for Front Pay and Interest. Briefing on this motion is complete. Plaintiff Clawson has not requested an award of Front Pay. 7. On May 11, 2006, plaintiffs filed a Motion for Back Pay and Interest. On June

12, 2006, defendants filed a Response to the Motion for Back Pay and Interest. On June 28, 2

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2006, plaintiffs filed a Reply Regarding Plaintiff's Motion for Back Pay and Interest, completing briefing on the underlying motion. Also relevant to this motion are the June 24, 2006, Notice of Error and Undisputed Motion to Amend Plaintiffs' Motion for Back Pay and Interest and the June 26, 2006, Plaintiffs' Correction/Amendment to the Motion for Back Pay and Interest. With the above briefing completed, this motion is ripe for determination. 8. On May 11, 2006, defendants filed a Brief in Support of Judgment as a Matter of

Law Under Rule 50(a). On June 5, 2006, plaintiffs filed a Response to Defendants Brief in Support of Judgment as a Matter of Law. On June 23, defendants filed a Reply in Support of Judgment as a Matter of Law. Briefing on this issue is complete. 9. On May 11, 2006, defendants filed their Motion for Application of Statutory

Damage Cap to Compensatory Damage Awards and for Reduction of Advisory Back Pay Awards. On June 5, 2006, plaintiffs responded to said motion. On June 23, 2006, defendants filed a reply in support of said motion. Briefing on this motion is complete. 10. It appears to the plaintiffs that briefing is completed on all of the above referenced

motions and that they are outstanding and now ripe for a determination. Plaintiffs are not aware of any other motions that are necessary prior to entry of judgment in this case. Motions for costs and attorney fees, if any, are not ripe until after entry of judgment. Plaintiffs are not aware of any motions that would be timely and ripe prior to entry of judgment, other than administrative matters such as Ms. Tuttle's Motion to Withdraw. 11. Based upon the above stated matters, plaintiffs provide notice that briefing is

completed on all pending motions and that they are presently ripe for determination by the court. 12. Although plaintiffs are only filing a notice, and not a motion, plaintiffs did confer

with defendants. Defendants neither approve of, nor join in, this notice. 3

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RESPECTFULLY SUBMITTED this 8th day of January, 2007.

s/Damon Davis J. Keith Killian Damon Davis Killian, Guthro & Jensen, P.C. 225 N. 5th Street Grand Junction, CO 81501 Telephone: (970) 241-0707 FAX: (970) 242-8375 E-mail: [email protected] Attorney for Plaintiffs Michael E. Clawson and Jared L. Dillon

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UNITED STATES DISTRICT COURT FOR THE DISTRIT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on January 8th, 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 non CM/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 Mr. Jared Dillon 35404 Back River Road Hotchkiss, CO 81419 Mail

Mail

s/Damon Davis Damon Davis Attorney for Plaintiffs Killian, Guthro & Jensen, P.C. 225 N. 5th Street Grand Junction, CO 81501 Telephone: (970) 241-0707 Fax: (970) 242-8375 [email protected]

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