Free Motion for Leave - District Court of Colorado - Colorado

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

Document 348

Filed 07/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE D ISTRICT O F COLORADO Civil Action No. 01-MK-2199 (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' UNOPPOSED MOTION FOR LEAVE TO SUBSTITUTE ATTACHED REDACTED EXHIBITS TO MOTION FOR PARTIAL RECONSIDERATION FILED JULY 7, 2005

Defendants hereby move for leave to substitute the attached redacted exhibits for those filed with their Motion for Partial Reconsideration of the Court's Order Regarding Collateral Sources, filed July 7, 2005, and, as grounds therefore, state as follows: 1. On July 7, 2005, Defendants electronically filed a Motion for Partial

Reconsideration of the Court's Order Regarding Collateral Sources, with eight exhibits. 2. Several of the exhibits filed contain social security numbers and dates of birth.

Pursuant to the District of Colorado ECF Procedures, effective June 20, 2005, and in accordance with the E-Government Act of 2002, Pub. L.107-347, and the policy of the Judicial Conference of the United States, parties should redact social security numbers, other than the last four digits,

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

Document 348

Filed 07/11/2005

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and dates of birth, other than the year, in documents filed in ECF. Defendants mistakenly filed their exhibits without redacting the necessary information. 3. By this Motion, Defendants seek leave to substitute the attached redacted exhibits

for the unredacted exhibits filed with the Motion on July 7, 2005. 4. Pursuant to D.C.COLO.LCivR. 7.1, counsel for Defendants conferred with

counsel for Plaintiffs regarding this motion, who stated that Plaintiffs have no objection to the relief requested herein. WHEREFORE, Defendants respectfully request that the Court order that the unredacted exhibits filed with Defendants' Motion on July 7, 2005 be removed from the Court's file, including the website, and the attached redacted exhibits be substituted in their place. Dated: July 11, 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 348

Filed 07/11/2005

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on July 11, 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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