Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 388

Filed 12/29/2005

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I N THE UNITED S TATES D ISTRICT COURT FOR THE D ISTRICT O F COLORADO

Civil Action No. 01- cv- 02199- MSK- OES

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.

JOINT MOTION TO E XTEND DEADLINE FOR SUBMISSION OF REVISED JURY INSTRUCTIONS
The parties, by their respective counsel, hereby jointly move the Court for an Order extending the deadline for joint submission of revised jury instructions to and including January 20, 2006. As grounds for this joint motion, the parties state as follows: 1. At the October 31, 2005 final trial preparation conference, the parties

informed the Court that, because of certain pre- trial rulings in the case by the Court, some revisions to the jury instructions would be necessary. The Court ordered that such revised jury instructions be submitted by the end of the year, or by December 31, 2005.

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

Document 388

Filed 12/29/2005

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2.

The parties have been exchanging drafts and otherwise diligently working

on the revised jury instructions. However, due to the holidays and the schedules of counsel, they have not yet completed their work. 3. Further, because of the revisions to the instructions, the parties believe

that it is best to prepare and submit to the Court an amended and restated version of the jury instructions and verdict forms, incorporating the revised instructions. This will be most useful to the Court and reduce the risk of confusion. However, the preparation of such an amended and restated set of jury instructions and verdict forms has proven to be a more extensive and time- consuming task than anticipated, and thus, requires additional time. 4. It is the parties' goal to submit a comprehensive, accurate set of jury

instructions and verdict forms, in compliance with the Court's instructions. The short extension of time sought by this motion, until January 20, 2006, will aid in achieving such goal. 5. The trial of this case is scheduled for April 10, 2006, for two weeks, in

Grand Junction. The grant ing of this extension of time will not jeopardize the trial or preparation therefor. 6. Counsel hereby certify that, pursuant to D.C.COLO.LCivR 6.1(D), they

have served a copy of this joint motion upon their respective clients. 7. A proposed form of Order is tendered herewith.

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

Document 388

Filed 12/29/2005

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Dated: December 29, 2005.

Respectfully submitted,

s/ J. Keith Killian J. Keith Killian Damon Davis K ILLIAN, GUTHRO & J ENSEN , P.C. P.O. Box 4859 Grand Junction, Colorado 81502 (970) 241-0707

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 (303) 295-8000 ATTORNEYS FOR D EFENDANTS

ATTORNEYS FOR PLAINTIFFS

3370776_2.DOC

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