Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 265

Filed 07/06/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2163-BNB-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. EL PASO PROPERTIES, INC., Defendant. ______________________________________________________________________________ UNOPPOSED SUPPLEMENT TO THE AFFIDAVIT OF JAMES L. MERRILL IN SUPPORT OF MOTION FOR ATTORNEY FEES AND LITIGATION EXPENSES ______________________________________________________________________________ Defendant El Paso Properties, Inc. ("El Paso"), by counsel, respectfully submits this Unopposed Supplement to the Affidavit of James L. Merrill in Support of El Paso's Motion for Attorney Fees and Litigation Expenses and in support states as follows: On June 19, 2007, El Paso filed its Motion for Attorney Fees and Litigation Expenses with the Court along with six exhibits, including the Affidavit of James L. Merrill as Exhibit 3. [Docket # 255] On June 26, 2007, Defendant's counsel realized that the June 19, 2007 Affidavit of James L. Merrill ("Affidavit") failed to describe the correct hourly billing rates for personnel in our firm between 2001 and 2007. The correct billing rates are listed in the Supplemental Affidavit of James L. Merrill attached hereto. In addition, the Affidavit incorrectly states that copies of El Paso's experts' billing statements are attached as Exhibit D to the Affidavit. The experts' billing statements were, in fact, attached to El Paso's Motion for Attorney Fees and Litigation Expenses as Exhibits 4 & 5.

Case 1:01-cv-02163-BNB-MEH

Document 265

Filed 07/06/2007

Page 2 of 3

Defendant hereby supplements its Motion for Attorney Fees and Litigation Expenses with the Supplemental Affidavit of James L. Merrill attached hereto. Plaintiffs' counsel does not object to this supplement. Respectfully submitted this 6th of July, 2007.

s/Stephen D. Harris James L. Merrill, #9466 Stephen D. Harris, #24178 Michael J. Gustafson, #37364 MERRILL, ANDERSON, & HARRIS, LLC 20 Boulder Crescent Colorado Springs, CO 80903-3300 Telephone: (719) 633-4421 Facsimile: (719) 633-4759 Counsel for El Paso Properties, Inc.

SUPPLEMENT TO AFFIDAVIT OF JAMES L. MERRILL IN SUPPORT OF MOTION FOR ATTORNEY FEES Sierra Club, et al. v. El Paso Properties, Inc. (Civil Action No. 01-cv-2163-BNB-MEH) Page 2

Case 1:01-cv-02163-BNB-MEH

Document 265

Filed 07/06/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Unopposed Supplement to the Affidavit of James L. Merrill in Support of El Paso's Motion for Attorney Fees and Litigation Expenses was sent electronically via ECF this 6th day of July, 2007, to the following:: John M. Barth, Esq. Attorney at Law Post Office Box 409 Hygiene, Colorado 80533 Pat Gallagher Director of Environmental Law Sierra Club 85 Second Street, 4th Floor San Francisco, CA 94105 Roger Flynn, Esq. Jeffrey C. Parsons, Esq. Western Mining Action Project P.O. Box 349 Lyons, CO 80540 Lori Potter Kaplan Kirsch & Rockwell, LLP 1675 Broadway, Suite 2300 Denver, CO 80202

s/ Sarah D. White Sarah D. White, Staff Assistant

SUPPLEMENT TO AFFIDAVIT OF JAMES L. MERRILL IN SUPPORT OF MOTION FOR ATTORNEY FEES Sierra Club, et al. v. El Paso Properties, Inc. (Civil Action No. 01-cv-2163-BNB-MEH) Page 3