Free Order on Motion for Reconsideration - District Court of Colorado - Colorado

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

Document 350

Filed 07/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable M arcia S. Krieger Case No. 01-cv-02199-M SK-OES M ICHAEL E. CLAWSON, and JARED L. DILLON, Plaintiffs, v. M OUNTAIN COAL COM PANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C. and ARCH COAL, INC., Defendants. ______________________________________________________________________________ ORDER REGARDING MOTION TO S UBS TITUTE REDACTED EXHIBITS ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the Defendants' Motion to Substitute Redacted Exhibits (# 348). In exhibits contained within Docket # 347, the Defendants mistakenly filed personal information that must be redacted under this Court's rules. In the instant motion, the Defendants seek to substitute redacted exhibits removing that personal information. However, the instant M otion to Substitute does not seek to re-file the substantive document contained within Docket # 347. As a technical matter, it is impossible to " substitute"exhibits from one electronically filed document to another. Each electronic filing is a discrete file maintained by the Court, and, unlike

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

Document 350

Filed 07/14/2005

Page 2 of 2

paper documents, cannot be modified in part-- i.e. to remove or replace offending exhibits while leaving the substantive content intact. Because it is necessary to strike the unredacted exhibits contained within Docket # 347, the entire docket entry, including the substantive portion, must be stricken. The Defendants' submission of only the accompanying exhibits in the instant motion prevents the Court from striking Docket # 347 in its entirety in favor of Docket # 348, as to do so would leave the exhibits unaccompanied by the substantive content of Docket # 347. Accordingly, the Defendants' Motion to Substitute (# 348) is DENIED, in part, and GRANTED, in part. Docket #347 is S TRICKEN, in its entirety. The Defendants may refile the previously filed substantive pleading with redacted exhibits on or before July 18, 2005. Dated this 14th day of July, 2005. BY THE COURT:

M arcia S. Krieger United States District Judge

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