Free Response to Motion - District Court of Colorado - Colorado

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

Document 357

Filed 08/02/2005

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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.

RESPONSE TO DEFENDANTS' RENEWED MOTION FOR TRIAL IN GRAND JUNCTION

Plaintiffs, Michael E. Clawson and Jared L. Dillon, through their undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit their Response to Defendants' Renewed Motion for Trial in Grand Junction, and in support thereof, state as follows: 1. On July 15, 2005, defendants renewed their Motion for Trial in Grand Junction.

The defendants incorporated by reference the exhibits and testimony submitted at the evidentiary hearing as well as the prior pleadings on the subject. Plaintiffs do not object to defendants proceeding in this manner. 2. Plaintiffs hereby incorporate by reference their arguments, evidence, testimony,

and exhibits submitted at the April 6, 2005, hearing, as well as plaintiffs' response to the motion for trial in Grand Junction, docket number 285.

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

Document 357

Filed 08/02/2005

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3.

Plaintiffs add the following information in support of their position that the trial

should remain in Denver, Colorado. In attempting to contact Dr. K. Aline Coonrod at the North Fork Medical Clinic, staff for plaintiffs' counsel was informed that she no longer works there and is now practicing at Northern Colorado Family Medicine in Greeley, Colorado. Dr. Coonrod was a treating physician for Jared Dillon and is included on the witness list. Greeley, Colorado is closer to Denver, Colorado than to Grand Junction, Colorado. Compare Exhibit 1A with Exhibit 2A (Mapquest.com printouts). For the reasons previously expressed, plaintiffs respectfully request that this court DENY defendants' motion for trial in Grand Junction and request that the trial remain in Denver. RESPECTFULLY SUBMITTED this 2nd day of August, 2005.

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 E-mail: [email protected] Attorney for Plaintiffs Michael E. Clawson and Jared L. Dillon

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

Document 357

Filed 08/02/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRIT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 2, 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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