Free Reply to Response to Motion - District Court of Colorado - Colorado

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

Document 439-2

Filed 06/21/2006

Page 1 of 2

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.

JUDGMENT

Pursuant to Fed. R. Civ. P. 54 and Fed.R. Civ. P. 58, the Court does hereby enter judgment in the below specified amounts for the plaintiffs, Michael E. Clawson and Jared Dillon, and against the defendants, Mountain Coal Company, L.L.C., Arch Western Resources, L.L.C., and Arch Coal, Inc., jointly and severally, taking into account the verdict in this matter by the jury, interest, and the motions for front pay, back pay and interest, and punitive damages, submitted by the plaintiffs. AMOUNT AWARDED TO MICHAEL E. CLAWSON: Economic Damages (Back pay): Non-Economic Damages: AMOUNT AWARDED TO JARED DILLON: Economic Damages (Back pay): Economic Damages (Front pay): Non-Economic Damages: AMOUNT OF INTEREST ON BACK PAY: The interest due Clawson as of April 21, 2006, the date of the verdict, is $110,576.00, and continues to accrue at $75.96 per day until the date of the entry of this judgment. The interest due Dillon as of the verdict date is $31,900.37, and continues to accrue at $30.66 per day until the date of the entry of this judgment. $108,000.00 $ 58,039.00 $250,000.00 $236,000.00 $250,000.00

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

Document 439-2

Filed 06/21/2006

Page 2 of 2

AMOUNT OF PRE-JUDGMENT INTEREST FOR COMPENSATORY DAMAGES: Plaintiffs are entitled to pre-judgment interest on compensatory damages. For Michael Clawson, the total of such interest to the date of the verdict is $176,543.12, accruing at $86.95 per day until May 13, 2006, and then at $93.91 per day until the date of the entry of this judgment. For Jared Dillon, the total of such interest to the date of the verdict is $160,109.19, accruing at $86.95 per day until the date of the entry of this judgment. PUNITIVE DAMAGES: Pursuant to the Court's order, Plaintiff Clawson is awarded $50,000.00 in punitive damages, and Plaintiff Dillon is awarded $50,000.00 in punitive damages. POST JUDGMENT INTEREST: Plaintiffs are each entitled to post judgment interest on their combined total damages, including accrued pre-judgment interest. The statutory rate, as set by 28 U.S.C. § 1961(a) is (4.98% for the week ending May 5, 2006). Post judgment interest is awarded from the date of this judgment at this rate and shall be compounded annually from the date of the entry of this judgment as provided by 28 U.S.C. § 1961(b). COSTS AND ATTORNEYS FEES: Plaintiffs are entitled to costs pursuant to 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d). Plaintiffs shall file their bill of costs within ten days after entry of the judgment. D.C.COLO.LCivR. 54.1. Plaintiffs are entitled to attorney fees and out-of-pocket expenses pursuant to 42 U.S.C. § 12117, 42 U.S.C. § 2000e-5, and 42 U.S.C. § 12205. Plaintiffs shall request attorney fees and out-of-pocket expenses within fourteen days after entry of judgment. Fed. R. Civ. P. 4(d)(2)(B). Judgment entered on the ______ day of , 2006.

BY THE COURT:

Marcia S. Krieger United States District Judge