Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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

Document 363-2

Filed 08/12/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-02199-MKS-OES 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.

ORDER GRANTING ACCEPTANCE OF THE AFFIDAVIT OF DR. DONALD VOGENTHALER AS EVIDENCE IN OPPOSITION TO DEFENDANTS' DAUBERT MOTION

THIS MATTER comes before the Court on the Motion to Accept the Affidavit of Dr. Donald Vogenthaler as Evidence in Opposition to Defendants' Daubert Motion. Having considered the motion, the Court grants said motion, and accepts the affidavit of Donald Vogenthaler, submitted in support of the admissibility of the testimony of Ron Brennan, and the affidavit may serve as a supplement to his testimony at the August 25, 2005, hearing, or in lieu of his testimony should he be unable to testify. DATED this day of August, 2005. BY THE COURT:

Marcia S. Krieger United States District Judge