Free Motion Hearing - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH Document 376 Filed 09/08/2005 IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO HONORABLE MARCIA S . KRIEGER Courtroom Deputy: M aureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 01-cv-02199-M SK-OES Parties: M ICHEL E. CLAWSON, and JARED L. DILLON, Plaintiffs, v. M OUNTAIN COAL COM PANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. a Delaware corporation, and ARCH COAL, INC., a Delaware corporation, Defendants. COURTROOM MINUTES HEARING: Continued Rule 702 Hearing 10:06 a.m. Court in session Jeffrey Johnson M onique Tuttle Counsel Appearing: Keith Killian Date: September 8, 2005

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Opening remarks by the court. Continued cross examination of M r. Brennan by M r. Johnson. Redirect examination of M r. Brennan by M r. Killian. Witness sworn, for the plaintiff: Donald Vogenthaler: 10:59 a.m. Direct Examination by M r. Killian Cross examination of M r. Vogenthaler by M r. Johnson. Argument by counsel. ORDER: A final trial preparation conference is set for October 31, 2005 at 1:30 p.m. in courtroom A901, 901 19th Street, Denver, Colorado. An oral ruling will be issued with regard to the admissibility of M r. Brennan's testimony at this hearing.

Both parties request that their clients be allowed to appear by telephone at the trial preparation conference on October 31, 2005. ORDER: The Court grants the parties request for their clients to appear by telephone for the trial preparation conference on October 31, 2005. Counsel are directed to contact M aureen Nelson at 303-335-2185 TWO DAYS PRIOR to the hearing to make arrangements for their clients to appear by telephone.

Case 1:01-cv-02199-MSK-MEH Courtroom M inutes Judge M arcia S. Krieger Page 2 11:56 a.m. Court in recess.

Document 376

Filed 09/08/2005

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Total Time: 1 Hour 50 minutes Hearing concluded