Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:01-cv-00413-JLK-BNB

Document 301

Filed 12/04/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-00413-JLK-BNB M.D. MARK, INC., Plaintiff, vs. KERR-McGEE CORPORATION and ORYX ENERGY COMPANY, Defendants. DEFENDANTS' REQUEST TO SET HEARING FOR ORAL ARGUMENT ON THEIR POST TRIAL MOTION Defendants Kerr-McGee Corporation ("Kerr-McGee") and Oryx Energy Company ("Oryx") (collectively "Defendants") respectfully submit this request for the Court to set a hearing on their post trial motion, stating as follows: 1. Defendants filed a Renewed Motion for Judgment as a Matter of Law

Pursuant to Rule 50(b) or, Alternatively, Motion for New Trial, for Remittitur, and/or to Alter and Amend the Judgment Pursuant to Rule 59(e) ("Defendants' Renewed Motion") on October 12, 2007. 2. Plaintiff filed a Response brief, and Defendants filed a Reply brief, on

November 2, and November 30, 2007, respectively. All briefing on Defendant's Renewed Motion is complete.

Case 1:01-cv-00413-JLK-BNB

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3.

Due to the number and complexity of issues raised in Defendant's

Renewed Motions and Plaintiff's Response, Defendants believe that oral argument will materially assist the Court. 4. Subject, of course, to the Court's calendar, Defendants propose January 10

or January 11, 2008 as potential dates for a hearing. Counsel for Defendants begins a three week jury trial on January 14, 2008, and will be unavailable for a hearing in this case during that period. 5. CERTIFICATE OF CONFERENCE: Undersigned counsel certifies that

he conferred with Plaintiff's counsel, who stated that Plaintiff takes no position regarding Defendant's request for a hearing, but that the proposed dates of January 10 or 11, 2008 do not conflict with his calendar. WHEREFORE, Defendants respectfully request that the Court set a hearing for oral argument on Defendants' Renewed Motion, taking into account the scheduling considerations stated above.

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Case 1:01-cv-00413-JLK-BNB

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Dated: December 4, 2007.

Respectfully submitted,

s/M. Antonio Gallegos Scott S. Barker Gregory E. Goldberg M. Antonio Gallegos HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8513 Fax: (303) 975-5416 [email protected] [email protected] [email protected] Marie R. Yeates Vinson & Elkins LLP 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Phone: 713.758.4576 Fax: 713.615.5544 [email protected] ATTORNEYS FOR DEFENDANTS

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Case 1:01-cv-00413-JLK-BNB

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CERTIFICATE OF SERVICE I hereby certify that, on December 4, 2007, I electronically filed the foregoing document with the Clerk of Court using CM/ECF system which will serve such filing by e-mail to: Harlan P. Pelz Daniele W. Bonifazi Pelz, Bonifazi & Inderwish [email protected] [email protected] s/Randi L. Dixon

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