Free Motion for Leave - District Court of Colorado - Colorado

Case 1:02-cv-00311-RPM

Document 83

Filed 07/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 02-cv-0311-RPM-BNB CLIMAX MOLYBDENUM COMPANY, Plaintiff, vs. MOLYCHEM, LLC, Defendant. ______________________________________________________________________________ MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER AND COUNTERCLAIMS ______________________________________________________________________________

DEFENDANT MOLYCHEM, LLC ("Molychem"), through its attorneys Hart & Trinen, L.L.P. and Ramon Pizarro, herewith moves this Honorable Court to enter an order granting it leave to file a Second Amended Answer and Counterclaims in the above-captioned action, a true copy of which proposed pleading is attached hereto as Exhibit "A".

AS GROUNDS, Molychem states and alleges as follows: 1. to: Molychem desires to file a Second Amended Answer and Counterclaims in order

a.

More fully articulate the factual support for its counterclaims, including facts occurring since the First Amended Answer and Counterclaim was filed on December 31, 2003;

b.

Formally plead separate monopolization and attempted monopolization theories; and

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Case 1:02-cv-00311-RPM

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c.

Set up claims for relief against an additional party, defendant Climax Molybdenum Company's ("Climax") parent, Phelps Dodge Corporation.

2.

Good cause exists for the leave sought hereby, and the interests of justice will be

served by the grant of such.

CERTIFICATE OF CONFERRAL

Pursuant to D.C.Colo.L.Civ.R. 7.1(A), undersigned counsel certifies that he conferred with counsel for Climax concerning the subject matter of this motion, and Climax's counsel advised that Climax intends to oppose the grant of the relief sought hereby.

WHEREFORE, Molychem prays for the entry of an order granting it leave to file a second amended answer and counterclaim in the form attached hereto as Exhibit "A". DATED this 8th day of July 2005. HART & TRINEN, L.L.P. /s/ Donald T. Trinen_____________ Donald T. Trinen 1624 Washington Street Denver. CO 80203 Telephone: (303) 839-006l

/s/ Ramon L. Pizarro____________ RAMON L. PIZARRO 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 Telephone: (303) 785-2819 ATTORNEYS FOR DEFENDANT MOLYCHEM, LLC

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Document 83

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CERTIFICATE OF SERVICE I hereby certify that on the 8th day of July 2005, I served the foregoing MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER AND COUNTERCLAIMS by e-filing such with the U.S. District Court using the CM/ECF system which will then send notification to the following people at the email addresses listed below:

Gregg I. Anderson Greenberg Traurig, LLP [email protected]

/s/ Ramon Pizarro

Thiede Opposed Mot file 2nd Amend Comp 7-8-05

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