Free Stipulation - District Court of Colorado - Colorado

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

Document 360

Filed 08/04/2005

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IN THE UNITED STATES DISTRICT 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.

STIPULATION RESOLVING PLAINTIFFS' MOTION TO DEEM ADMISSIONS IN ANSWER AND RESPONSES TO REQUESTS FOR ADMISSIONS AS INCONTROVERTIBLE JUDICIAL ADMISSIONS
The parties, by their respective counsel, hereby stipulate and agree as follows: 1. Based upon this Stipulation, Plaintiffs hereby withdraw their Motion to Deem

Admissions in Answer and Responses to Requests for Admissions as Incontrovertible Judicial Admissions (Dkt. #354), filed July 15, 2005, as moot. 2. The parties agree that the matters set forth on Exhibits A and B attached hereto

constitute judicial admissions and may be utilized by Plaintiffs as such, as otherwise appropriate, in the trial of this matter. 3. By agreeing that these matters constitute judicial admissions, Defendants do not

waive any of their rights to object to the admissibility into evidence or other use by Plaintiffs of

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such judicial admissions. See Wright, Miller, and Marcus, Federal Practice & Procedure: Civil 2nd § 2264, n.8; 7 Moore's Federal Practice , § 36.03[2], n.16 (Matthew Bender 3d ed.). Among other things, Defendants reserve their right to object to the admissibility or use of such judicial admissions on the grounds of lack of relevance, Fed.R.Evid. 403, and Fed.R.Evid. 404(b). Plaintiffs take no position as to whether Defendants may prevent the admission of these judicial admissions into evidence.

Dated: August 4, 2005.

s/

J. Keith Killian

s/

Jeffrey T. Johnson

J. Keith Killian Joanna C. Jensen Damon Davis KILLIAN, GUTHRO & J ENSEN, P.C. 225 North Fifth Street, Suite 1010 Post Office Box 4859 Grand Junction, Colorado 81502 (970)241-0707 ATTORNEYS FOR PLAINTIFFS

Jeffrey T. Johnson Monique A. Tuttle HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201 (303)295-8000 ATTORNEYS FOR D EFENDANTS

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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on August 4, 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 fo llowing email addresses: [email protected] (J. Keith Killian) [email protected] (Damon Davis) 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 Attorneys for Defendants HOLLAND & HART LLP 555 Seventeenth Street, Ste. 3200 Post Office Box 8749 Denver, Colorado 80201 Telephone: (303) 295-8000 Facsimile: (303) 295-8261 E- mail: [email protected]

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