Free Motion to Withdraw as Attorney - District Court of Colorado - Colorado

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

Document 380

Filed 11/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02199-MKS OES MICHAEL E. CLAWSON, JARED L. DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC., Defendants.

MOTION PURSUANT TO D.C.COLO.LCivR 83.3(D) TO WITHDRAW JOANNA C. JENSEN AS COUNSEL

Killian, Guthro & Jensen, P.C., attorneys for plaintiffs, hereby submit this Amended Motion Pursuant to D.C.COLO.LCivR 83.3(D) to Withdraw Joanna C. Jensen as Counsel, and in support thereof submit the following: Certificate of Conferral On November 9, 2005, Joanna Jensen conferred with defense counsel Monique Tuttle regarding withdrawing as counsel of record in the above captioned case. The defendants do not oppose this motion. 1. Killian, Guthro & Jensen, P.C. is the law firm representing the plaintiffs in this

matter. The lead counsel for the case is Keith Killian. Currently, attorney Damon Davis is also assigned to the case by the firm and has entered an appearance. Under D.C.COLO.LCivR 83.3(B), entry of appearance by an attorney does not constitute entry of appearance for the

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

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attorney's firm. Therefore, plaintiffs' counsel has entered appearances separately. Joanna C. Jensen entered an appearance in this case. 2. Ms. Jensen is no longer performing any work on this case in any capacity. Ms.

Jensen has determined that her participation in this case is no longer required. 3. It is in the best interest of the plaintiffs to have Ms. Jensen withdrawn from the

case. It is likely the individual plaintiffs could be prejudiced by the mistaken belief that Ms. Jensen is still associated with the case. Further, it would not be fair to Ms. Jensen if she were to be considered responsible for events in the case after she no longer had any involvement in the case. 4. Plaintiffs continue to be represented by the firm of Killian, Guthro & Jensen, P.C.

Even with the withdrawal of Ms. Jensen, two attorneys have entered appearances on behalf of the plaintiffs. The plaintiffs will not be prejudiced by the withdrawal of Ms. Jensen. WHEREFORE, it is respectfully requested that Joanna C. Jensen be withdrawn as counsel in this case pursuant to D.C.COLO.LCivR 83.3(D). RESPECTFULLY SUBMITTED this 9th day of November, 2005. KILLIAN, GUTHRO & JENSEN, P.C.

s/J. Keith Killian J. Keith Killian Joanna C. Jensen Damon Davis Killian, Guthro & Jensen, P.C. 225 N. 5th Street Grand Junction, CO 81501 Telephone: (970) 241-0707 FAX: (970) 242-8375 2

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

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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 November 9, 2005, 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/J. Keith Killian J. Keith Killian 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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Case 1:01-cv-02199-MSK-MEH

Document 380

Filed 11/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02199-MKS OES MICHAEL E. CLAWSON, JARED L. DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC., Defendants.

ORDER GRANTING WITHDRAWAL OF JOANNA C. JENSEN AS COUNSEL

THIS MATTER comes before the Court on Plaintiffs' Motion Pursuant to D.C.COLO.LCivR 83.3(D) to Withdraw Joanna C. Jensen as Counsel. Having considered the motion, the Court grants Plaintiffs' motion and withdraws Joanna C. Jensen as counsel in this case. Dated this day of , 2005. BY THE COURT:

Marcia S. Krieger United States District Judge