Free Motion for Trial - District Court of Colorado - Colorado

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

Document 351

Filed 07/15/2005

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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.

DEFENDANTS' RENEWED MOTION FOR TRIAL IN GRAND JUNCTION

Defendants hereby renew their Motion to Transfer Trial from Denver to Grand Junction ("Defendants' Motion") and, as grounds therefore, state as follows: 1. On February 28, 2005, in anticipation of the June 13, 2005 trial setting,

Defendants filed a Motion to Transfer Trial from Denver to Grand Junction (Docket #277). 2. On April 6, 2005, the Court held an evidentiary hearing on Defendants' Motion.

At that time, the Court took the motion under advisement and indicated that it would rule on the motion at the final trial preparation conference on May 3. 3. On May 3, 2005, at the initial final trial preparation conference, the June 13 trial

setting was vacated. As a result, the Court denied Defendants' Motion as premature and noted that Defendants could renew their motion once a new trial date was set.

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

Document 351

Filed 07/15/2005

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Although a new trial date has not been set, at the continued final trial preparation

conference on June 15, 2005, the Court set July 15, 2005 as the final deadline for all written motions. 5. Therefore, Defendants hereby renew their motion to have the trial of this matter

held in Grand Junction and, in support thereof, incorporate by reference the exhibits and testimony admitted at the evidentiary hearing of April 6, 2005 and the pleadings previously filed in connection with Defendants' Motion (Docket #277 (Defendants' Motion), #285 (Plaintiffs' Response), #298 (Defendants' Reply)). 6. Pursuant to D.C.COLO.LCivR. 7.1, counsel for Defendants conferred with

counsel for Plaintiffs regarding the renewal of this motion. By letter dated July 5, 2005, Plaintiffs noted their continued opposition to the relief requested herein. WHEREFORE, Defendants respectfully request that this Court order that the trial of this matter shall be held in Grand Junction. Dated: July 15, 2005. Respectfully submitted, s/Monique A. Tuttle Jeffrey T. Johnson Monique A. Tuttle 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] [email protected] ATTORNEYS FOR DEFENDANTS

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

Document 351

Filed 07/15/2005

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on July 15, 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] I am not aware of any non CM/ECF participants in this matter requiring service by other means.

s/Monique A. Tuttle Monique A. Tuttle 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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