Free Response to Motion - District Court of Colorado - Colorado

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

Document 433

Filed 06/05/2006

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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' RESPONSE TO PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT
Defendants Mountain Coal Company, L.L.C. ("Mountain Coal"), Arch Western Resources, L.L.C. ("Arch Western"), and Arch Coal, Inc. ("Arch Coal"), by their attorneys, Holland & Hart LLP, hereby submit this response to Plaintiffs' Motion for Entry of Judgment (Dkt. No. 419). Plaintiffs have filed various post-verdict, pre-judgment motions concerning damages in this case, including for back pay and interest (Dkt. No. 422), for front pay for Plaintiff Dillon (Dkt. No. 421), and for an award of punitive damages or for additur (Dkt. No. 418). In their Motion for Entry of Judgment, Plaintiffs request that the Court enter judgment in the amounts sought by these motions. Defendants oppose each of Plaintiffs' motions. Thus, in response to Plaintiffs' Motion for Entry of Judgment, Defendants hereby incorporate by reference their opposition to Plaintiffs' motions, as filed and to be filed by Defendants.

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

Document 433

Filed 06/05/2006

Page 2 of 3

Furthermore, Defendants have also filed their own motion with respect to damages issues, namely, Defendants' Motion for Application of Statutory Damage Cap to Compensatory Damage Awards and for Reduction of Advisory Back Pay Award (Dkt. No. 423). Thus, Defendants contend that any judgment must take into account the matters set forth in Defendants' motion. WHEREFORE, Defendants respectfully request that Plaintiffs' Motion for Entry of Judgment be denied.

Dated: June 5, 2006. Respectfully submitted,

s/ Jeffrey T. Johnson Jeffrey T. Johnson Monique A. Tuttle HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8019 Fax: (303) 713-6202 [email protected] [email protected] ATTORNEYS FOR DEFENDANT

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

Document 433

Filed 06/05/2006

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on June 5, 2006, I have caused to be electronically filed the foregoing with the Clerk of Court using CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] I am not aware of any non CM/ECF participants in this matter requiring service by other means.

s/ Jeffrey T. Johnson Jeffrey T. Johnson Monique A. Tuttle HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8019 Fax: (303) 713-6202 [email protected] [email protected] ATTORNEYS FOR DEFENDANT

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