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

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

Document 439

Filed 06/21/2006

Page 1 of 3

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.

REPLY RE: PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT

The plaintiffs, Michael E. Clawson and Jared L. Dillon through their undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit their Reply Re: Plaintiffs' Motion For Entry Of Judgment, and in support thereof, state as follows: 1. Plaintiffs do not dispute that the court must resolve the pending motions from

both parties before entering judgment. For the reasons stated in plaintiffs' motions and replies, plaintiffs' maintain their motions should be granted. For the reasons stated in the responses to defendants' motions, plaintiffs' maintain defendants' motions should be denied. 2. Due to an error in calculating pre-judgment interest on back pay, plaintiffs put the

wrong amounts in the proposed judgment that was submitted with the initial motion for judgment. Plaintiffs have corrected this error, and have attached a new corrected judgment. Plaintiffs request the court enter this corrected judgment. The corrections are in accordance with the correction/amendment to the motion for back pay which was submitted to the court.

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

Document 439

Filed 06/21/2006

Page 2 of 3

3.

Plaintiffs will be requesting statutory costs pursuant to 28 USC §1920 and

Fed.R.Civ.P. 54(d). In addition, Plaintiffs will request additional costs, or out-of-pocket expenses, which are available to successful civil rights plaintiffs. Plaintiffs' original proposed judgment implied these additional expenses could be sought. Plaintiffs have amended the proposed judgment to expressly allow Plaintiffs to seek these expenses as well as attorney fees. 4. this Reply. RESPECTFULLY SUBMITTED this 21st day of June, 2006. Wherefore, plaintiffs request the court enter judgment in the form provided with

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

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

Document 439

Filed 06/21/2006

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on June 21, 2006, 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 North 5th Street Grand Junction, Colorado 81501 Telephone: (970) 241-0707 Fax: (970) 242-8375 [email protected] ew