Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 1 of 58 Page 1 of 58

APPEAL, NDISPO, REOPEN, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:01-cv-02199-MSK-MEH Internal Use Only

Clawson, et al v. Mountain Coal Co LLC, et al Assigned to: Judge Marcia S. Krieger Referred to: Magistrate Judge Michael E. Hegarty Demand: $0 Cause: 42:12101 Americans With Disabilities Act (ADA) Plaintiff Michael E. Clawson

Date Filed: 11/09/2001 Date Terminated: 03/28/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

represented by Damon Davis Killian, Guthro & Jensen, P.C. P.O. Box 4859 202 North 7th Street Grand Junction, CO 81502 970-241-0707 Fax: 970-242-8375 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James Roger Angel Killian, Guthro & Jensen, P.C. P.O. Box 4859 202 North 7th Street Grand Junction, CO 81502 970-241-0707 Fax: 970-242-8375 TERMINATED: 04/11/2005 LEAD ATTORNEY Joanna C. Jensen Killian, Guthro & Jensen, P.C. P.O. Box 4859 202 North 7th Street Grand Junction, CO 81502 970-241-0707 Fax: 970-242-8375 TERMINATED: 11/14/2005 LEAD ATTORNEY John Keith Killian

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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Killian, Guthro & Jensen, P.C. P.O. Box 4859 202 North 7th Street Grand Junction, CO 81502 970-241-0707 Fax: 970-242-8375 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Jared L. Dillon represented by Damon Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Roger Angel (See above for address) TERMINATED: 04/11/2005 LEAD ATTORNEY Joanna C. Jensen (See above for address) TERMINATED: 11/14/2005 LEAD ATTORNEY John Keith Killian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Thomas E. Richards TERMINATED: 04/08/2005 represented by Damon Davis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James Roger Angel (See above for address) TERMINATED: 04/11/2005 LEAD ATTORNEY John Keith Killian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff John R. Bartlett TERMINATED: 04/08/2005 represented by Damon Davis (See above for address)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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LEAD ATTORNEY ATTORNEY TO BE NOTICED James Roger Angel (See above for address) TERMINATED: 04/11/2005 LEAD ATTORNEY John Keith Killian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Mountain Coal Company L.L.C. represented by Jeffrey Thomas Johnson Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8019 Fax: 303-713-6202 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Monique Alexandra Tuttle Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8000 Fax: 303-295-8261 Email: [email protected] TERMINATED: 11/21/2006 LEAD ATTORNEY Christina Finzel Gomez Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8366 Fax: 303-713-6304 Email: [email protected]

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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Defendant Arch Western Resources, L.L.C. a Delaware Corporation represented by Monique Alexandra Tuttle (See above for address) TERMINATED: 11/21/2006 LEAD ATTORNEY Christina Finzel Gomez (See above for address) Jeffrey Thomas Johnson (See above for address) ATTORNEY TO BE NOTICED Defendant Arch Coal, Inc. a Delaware Corporation represented by Monique Alexandra Tuttle (See above for address) TERMINATED: 11/21/2006 LEAD ATTORNEY Christina Finzel Gomez (See above for address) ATTORNEY TO BE NOTICED Jeffrey Thomas Johnson (See above for address) ATTORNEY TO BE NOTICED

Date Filed 11/09/2001 11/09/2001 11/09/2001 11/09/2001 11/14/2001

#

Docket Text Fourth Amended COMPLAINT (bpm) (Entered: 11/13/2001) 1 2 NOTICE OF REMOVAL from Gunnison Cty Dist Ct Case Number: 01CV-23 (bpm) (Entered: 11/13/2001) Certificate of Compliance with D.C. COLO. L.R. 81.2 by defendant Mountain Coal Co LLC (bpm) (Entered: 11/13/2001) FILING FEE PAID: on 11/9/01 in the amount of $ 150, receipt # 230268. (bpm) (Entered: 11/13/2001) 3 ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Gudrun J. Rice by Judge Richard P. Matsch (cc: to counsel) (lam) (Entered: 11/14/2001) MOTION by defendant Mountain Coal Co LLC to extend time to answer fourth amd cmp to 12/19/01 (lam) (Entered: 11/19/2001) Certificate of Compliance with Local Rule 72.6 by defendant Mountain Coal Co LLC (lam) (Entered: 11/19/2001) MEMORANDUM by Rice referring to Magistrate Judge Gudrun J. Rice

11/16/2001 11/16/2001 11/19/2001

4 5 6

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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the motion to extend time to answer fourth amd cmp to 12/19/01 [4-1] (lam) (Entered: 11/20/2001) 11/28/2001 7 ORDER by Magistrate Judge Gudrun J. Rice granting motion to extend time to answer fourth amd cmp to 12/19/01 [4-1] (cc: all counsel) ; entry date : 12/3/01 (lam) (Entered: 12/03/2001) ANSWER by defendant to fourth amended complaint [0-1] (pap) (Entered: 12/20/2001) ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Gudrun J. Rice ; Rule 16 conference set for 3:00 1/23/02 (cc: all counsel) (pap) (Entered: 12/31/2001) MINUTE ORDER : by Magistrate Judge Gudrun J. Rice ; scheduling planning/rule 16 conference vacated and reset for 10:00 2/7/02 (cc: all counsel) ; entry date : 1/8/02 (pap) (Entered: 01/08/2002) REQUEST for referral to different magistrate judge by Magistrate Judge Rice (lam) (Entered: 02/08/2002) ORDER by Magistrate Judge Gudrun J. Rice ; rule 16 conf set 2/7/02 is vacated pending req that this matter be referred to a different magistrate judge (cc: all counsel) ; entry date : 2/8/02 (lam) (Entered: 02/08/2002) ORDER by Judge Richard P. Matsch purs to req for referral to a different magistrate judge by Magistrate Judge Rice, this case is reassigned to Magistrate Judge James M. Robb (cc: all counsel) ; entry date : 2/8/02 (lam) (Entered: 02/08/2002) ORDER by Magistrate Judge James M. Robb ; rule 16 conference set for 11:00 3/21/02 at Room 323 of USDC located at 402 Rood Ave., Grand Junction, CO (cc: all counsel) ; entry date : 2/14/02 (lam) (Entered: 02/14/2002) MINUTE ORDER : by Judge Richard P. Matsch that this case is reassigned to Judge Marcia S. Krieger (cc: all counsel) ; entry date : 2/20/02 (lam) (Entered: 02/20/2002) Uncontested MOTION by plaintiffs to reset 3/21/02 scheduling conf before Mag Judge Robb (lam) (Entered: 02/26/2002) MEMORANDUM by Chambers referring to Magistrate Judge James M. Robb the motion to reset 3/21/02 scheduling conf before Mag Judge Robb [16-1] (lam) (Entered: 02/26/2002) MINUTE ORDER : by Magistrate Judge James M. Robb granting Pla's Uncontested motion to reset 3/21/02 scheduling conf before Mag Judge Robb [16-1] Pla's shall contact opposing csl and notify the Ct of three dates that will be available for both csl for scheduling of Scheduling/Planning Conf. The personal presence of Csl and parties shall be required (cc: all counsel) ; entry date : 2/28/02 (erv) (Entered: 02/28/2002)

12/19/2001 12/27/2001

8 9

01/03/2002

10

02/05/2002 02/05/2002

11 12

02/06/2002

13

02/13/2002

14

02/20/2002

15

02/21/2002 02/25/2002

16 17

02/25/2002

18

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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03/06/2002

19

MINUTE ORDER : by Magistrate Judge James M. Robb ; rule 16 conference reset for 10:00 4/18/02 All requirements of the original Order for Scheduling/Planning Conf dated 12/27/02, shall be complied with and a proposed Scheduling Order and Confidential Settlement Statements shall be submitted to Magistrate Judge James M. Robb, Grand Junction no later than noon 4/12/02. The personal presence of csl and parties is required. (cc: all counsel) ; entry date : 3/11/02 (erv) (Entered: 03/11/2002) MINUTE ORDER : by Magistrate Judge James M. Robb ; rule 16 conference reset for 10:00 4/29/02 All requirements of the original Order for Scheduling/Planning Conf dated 12/27/01, shall be complied with and a proposed scheduling order and Confidential Statement shall be submitted to Magistrate James Robb no later than 4/22/02. The personal presence of Csl and parties is required, Grand Junction Colorado (cc: all counsel) ; entry date : 3/13/02 (erv) (Entered: 03/13/2002) MOTION by plaintiffs to amend complaint [0-1] (bpm) (Entered: 04/02/2002) Tendered Fifth Amended Complaint submitted by plaintiffs re: motion to amend complaint [0-1] [21-1] (bpm) (Entered: 04/02/2002)

03/08/2002

20

04/01/2002 04/01/2002 04/02/2002

21

22

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's motion to amend complaint [0-1] [21-1] (erv) (Entered: 04/03/2002) MINUTE ORDER : by Magistrate Judge James M. Robb regarding Pla's [21-1] motion to amend complaint [0-1] Dft shall file a Resp on or before 4/18/02, dated at Grand Junction, Colo (cc: all counsel) entry date : 4/9/02 (erv) (Entered: 04/09/2002) Memorandum brief in Opposition in part (RESPONSE) by defendant Mountain Coal Co LLC to Pla's motion to amend complaint [0-1] [21-1] (erv) (Entered: 04/18/2002) COURTROOM MINUTES of Scheduling/Planning Conf by Magistrate Judge James M. Robb regarding Pla's [21-1] motion to amend complaint [0-1] Dft shall file an answer on or before 5/10/02, Amended Scheduling Order to be presented to the Ct by no later than 4:30 on 5/1/02 ; settlement conf set for 9:00 6/28/02 in Grand Junction, Updated Confidential settlement statements are due no later than 6/26/02 to Magistrate Judge Robb. The Ct has excused John S. Bartlett from appearing in person at the Settlement conf due to his job and long distance of travel ; entry date : 5/7/02 Court Reporter: Tape GR 02-17 (erv) Modified on 05/07/2002 (Entered: 05/07/2002) MINUTE ORDER : by Magistrate Judge James M. Robb granting Pla's motion to amend complaint [0-1] [21-1] ; rule 16 conf on 4/30/02 An amended scheduling order will be presented to the Ct no later than 4:30 5/1/02 (cc: all counsel) ; entry date : 5/2/02 (erv) (Entered: 05/02/2002) Fifth AMENDED COMPLAINT [0-1] by plaintiff Michael E. Clawson;

04/08/2002

23

04/16/2002

24

04/29/2002

28

04/30/2002

25

04/30/2002

27

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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jury demand (erv) (Entered: 05/06/2002) 05/01/2002 26 MINUTE ORDER : by Magistrate Judge James M. Robb; The hrg scheduled for 5/1/02 has been VACATED. Csl has assured the Ct that a final scheduling order will be presented to the Ct on or before 5/8/02 in the form discussed at the scheduling conf held 4/29/02. In the meantime each of the deadlines proposed in the scheduling Order submitted but rejected by the Ct on 4/29/02 have been adopted and govern our case until 5/8/02 (cc: all counsel) ; entry date : 5/3/02 (erv) (Entered: 05/03/2002) SCHEDULING ORDER Magistrate Judge James M. Robb ; Discovery cutoff 2/28/03 ;dispositive motions due 3/31/03 (cc: all counsel) (former empl) (Entered: 05/13/2002) ANSWER by defendant to fifth amended complaint [27-1] (former empl) (Entered: 05/13/2002) ORDER FOR RULE 16 CONFERENCE by Magistrate Judge James M. Robb ; Rule 16 conference set for 9:00 6/28/02 (cc: all counsel) (erv) (Entered: 05/20/2002) CERTIFICATE MAILING BY CLERK OF Settlment Conference Preparation instructions (pap) (Entered: 05/30/2002) Unopposed MOTION by Plas' to extend time to submit Amendments to Depositions to and incl 7/8/02 (erv) (Entered: 06/25/2002) MOTION by plaintiff to File Revised Fifth Amended complaint [0-1] in Lieu of Fifth Amended Complaint (erv) (Entered: 06/27/2002) Tendered Revised 5th Amended Complaint submitted by plaintiff re: motion to File Revised Fifth Amended complaint [0-1] in Lieu of Fifth Amended Complaint [34-1] (erv) (Entered: 06/27/2002) 35 MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's Unopposed motion to extend time submit Amendments to Depositions to and incl 7/8/02 [33-1] (erv) (Entered: 06/27/2002) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's motion to File Revised Fifth Amended complaint [0-1] in Lieu of Fifth Amended Complaint [34-1] (erv) (Entered: 06/28/2002) RESPONSE by defendant Mountain Coal Co LLC to Pla's motion to File Revised Fifth Amended complaint [0-1] in Lieu of Fifth Amended Complaint [34-1] (erv) (Entered: 07/08/2002) MINUTE ORDER : by Magistrate Judge James M. Robb, A settlement conf was held and continued to 11/6/02 settlement conf set for 12:00 11/6/02 (cc: all counsel) ; entry date : 7/12/02 (erv) (Entered: 07/12/2002)

05/09/2002

29

05/10/2002 05/15/2002

30 31

05/30/2002 06/24/2002 06/25/2002 06/25/2002

32 33 34

06/26/2002

06/27/2002

36

07/08/2002

37

07/10/2002

38

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07/10/2002

40

MINUTE ORDER : by Magistrate Judge James M. Robb granting Pla's Unopposed motion to extend time to submit Amendments to Depositions and incl 7/19/02 [33-1] (cc: all counsel) ; entry date : 7/12/02 (erv) (Entered: 07/12/2002) Revised Fifth AMENDED COMPLAINT [27-1] by Plas' jury demand (erv) (Entered: 07/12/2002) MINUTE ORDER : by Magistrate Judge James M. Robb granting Pla's motion to File Revised Fifth Amended complaint [0-1] in Lieu of Fifth Amended Complaint [34-1] Dt shall answer Fifth Amended Complaint no later than 7/30/02 (cc: all counsel) ; date : 7/12/02 (erv) (Entered: 07/12/2002) ANSWER by defendant Mountain Coal Co LLC to The Revised Fifth Amended complaint [41-1] (erv) (Entered: 07/31/2002) MOTION by Plas' for leave to File Sixth Amended Complaint [41-1] (erv) (Entered: 08/16/2002) Tendered Pla's Sixth Amd Cmp submitted by plaintiff Michael E. Clawson, plaintiff Jared L. Dillon, plaintiff Thomas E. Richards, plaintiff John R. Bartlett re: motion for leave to File Sixth Amended Complaint [41-1] [43-1] (erv) (Entered: 08/16/2002)

07/10/2002 07/11/2002

41 39

07/31/2002 08/16/2002 08/16/2002

42 43

08/20/2002

44

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's motion for leave to File Sixth Amended Complaint [41-1] [43-1] (erv) (Entered: 08/20/2002) Amended CERTIFICATE of Conferral by Plas' pursuant to D.C. COLO.LCivR.7.1(A) (erv) (Entered: 08/26/2002) RESPONSE in Opposition in part by defendant Mountain Coal Co LLC to Pla's motion for leave to File Sixth Amended Complaint [41-1] [43-1] (erv) (Entered: 08/28/2002) ORDER by Magistrate Judge James M. Robb denying Pla's motion for leave to File Sixth Amended Complaint [41-1] [43-1] the Plas' are advised to fle a revised Fifth Amended Complaint to reflect thoses changes by 9/20/02 (cc: all counsel) ; entry date : 9/10/02 (erv) (Entered: 09/10/2002) Revised Fifth AMENDED COMPLAINT [41-1] by plaintiff; jury demand (erv) (Entered: 09/23/2002) OBJECTION to the Magistrate's Order Denying Pla's Motion for Leave to File Sixth Amended Complaint by plaintiff concerning order [47-1] (erv) (Entered: 09/24/2002) Stipulated PROTECTIVE ORDER by Magistrate Judge James M. Robb : (cc: all counsel) (erv) (Entered: 09/30/2002) ANSWER by defendant Mountain Coal Co LLC to the Revised Fifth Amended complaint [48-1] (erv) (Entered: 10/08/2002)

08/22/2002 08/26/2002

45 46

09/06/2002

47

09/19/2002 09/20/2002

48 49

09/24/2002 10/07/2002

50 51

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

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10/15/2002

52

RESPONSE by defendant Mountain Coal Co LLC to Pla's OBJECTION to the Magistrate's Order Denying Pla's Motion for Leave to File Sixth Amended Complaint [49-1] (erv) (Entered: 10/17/2002) Stipulation and Joint MOTION by Plas', defendant to amend schedule order [29-1] (erv) (Entered: 10/17/2002) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Joint Stipulated motion to amend schedule order [29-1] [53-1] (erv) (Entered: 10/21/2002) MINUTE ORDER : by Magistrate Judge James M. Robb granting Joint motion to amend schedule order [29-1] [53-1] lay witness depositions from 10/15/02 to and incl 10/18/02 (cc: all counsel) ; entry date : 10/23/02 (erv) (Entered: 10/23/2002) Stipulattion and Joint MOTION by plaintiff to extend expert witness deadlines: to 11/11/02 to designate experts, move rebuttal expert discovery to 1/27/03 and expert witness discovery deadline to 3/11/03 (former empl) (Entered: 10/31/2002) MOTION by defendant Mountain Coal Co LLC for order for award of Costs (erv) (Entered: 11/01/2002) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Stipulation and Joint motion to extend expert witness deadlines: to 11/11/02 to designate experts, move rebuttal expert discovery to 1/27/03 and expert witness discovery deadline to 3/11/03 [56-1] (erv) (Entered: 11/06/2002) MOTION by Plas' to strike Dfts response [52-1] (erv) (Entered: 11/07/2002) REPLY in Support by Plas' to OBJECTION to the Magistrate's Order Denying Pla's Motion for Leave to File Sixth Amended Complaint [49-1] (erv) (Entered: 11/07/2002) MINUTE ORDER : by Magistrate Judge James M. Robb granting motion to extend expert witness deadlines: to 11/11/02 to designate experts, move rebuttal expert discovery to 1/27/03 and expert witness discovery deadline to 3/11/03 [56-1] (cc: all counsel) ; entry date : 11/12/02 (erv) (Entered: 11/12/2002) MINUTE ORDER : by Magistrate Judge James M. Robb, the Ct, on its own motion is cancelling the Settlement conf and will reset at a later date ; settlement conf VACATED 11/7/02 (cc: all counsel) ; entry date : 11/21/02 (erv) (Entered: 11/21/2002) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts motion for order for award of Costs [57-1] (erv) (Entered: 11/12/2002) MOTION by defendant Mountain Coal Co LLC for partial summary judgment against Michael Clawson, Jared Dillon and Thomas Richards

10/16/2002 10/18/2002

53 54

10/21/2002

55

10/30/2002

56

10/31/2002 11/01/2002

57 58

11/04/2002 11/04/2002

59 59

11/04/2002

60

11/07/2002

64

11/08/2002

61

11/13/2002

62

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for failure to Accomodate (erv) (Entered: 11/14/2002) 11/13/2002 63 Memorandum of Authorities BRIEF by defendant Mountain Coal Co LLC in support of motion for partial summary judgment against Michael Jared Dillon and Thomas Richards for failure to Accomodate [62-1] (erv) (Entered: 11/15/2002) RESPONSE in Opposition by defendant Mountain Coal Co LLC to motion to strike Dfts response [52-1] [59-1] (erv) (Entered: 11/21/2002) RESPONSE by Pla's to dfts motion for order for award of Costs [57-1] (erv) (Entered: 12/02/2002) Order and JUDGMENT: by Marcia S. Krieger, United States District Court Judge; It is ORDERED that the Magistrate's Order og 9/6/02 is VACATED [47-1], granting Pla's motion for leave to File Sixth Amended Complaint; However, no further amendments shall be made [41-1] [43-1], Denying Pla's motion to strike Dfts response [52-1] [59-1] (cc: all counsel) ; entry date : 12/2/02 (erv) (Entered: 12/02/2002) Sixth AMENDED COMPLAINT [0-1] by Plas'; jury demand; adding defendant Arch Western Res, Arch Coal, Inc. (erv) (Entered: 12/04/2002) RESPONSE by plaintiff Michael E. Clawson to Dfts motion for partial summary judgment against Michael Clawson, Jared Dillon and Thomas Richards for failure to Accomodate [62-1] (erv) (Entered: 12/10/2002) ATTORNEY APPEARANCE for plaintiff by James Roger Angel (erv) (Entered: 12/12/2002) MOTION by defendant to extend time to Answer Sixth Amended Complaint extended to: 12/20/02 (erv) (Entered: 12/12/2002) REPLY by Dfts' to Pla's response to motion for order for award of Costs [57-1] (erv) (Entered: 12/16/2002) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts Unopposed motion to extend time Answer Sixth Amended Complaint extended to: 12/20/02 (erv) (Entered: 12/18/2002) Disclosure STATEMENT by Dfts' (erv) (Entered: 12/23/2002) ANSWER by Dfts' to Sixth Amended complaint [68-1] (erv) (Entered: 12/23/2002) REPLY by defendant Mountain Coal Co LLC to response to motion for partial summary judgment against Michael Clawson, Jared Dillon and Thomas Richards for failure to Accomodate [62-1] (dlb) (Entered: 12/24/2002) MOTION by Plas' to strike Dft Mountain Coal Company's motion reply Brief in support of Motion for Partial Sum Adj [76-1] (erv) (Entered: 01/09/2003)

11/18/2002 11/25/2002 12/02/2002

65 66 67

12/02/2002 12/06/2002

68 69

12/06/2002 12/11/2002 12/13/2002 12/17/2002

70 71 72 73

12/20/2002 12/20/2002 12/23/2002

74 75 76

01/07/2003

77

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01/10/2003

78

ORDER by Magistrate Judge James M. Robb; A Telephone Status Conf has been set ; status conf set for 8:00 1/17/03 (cc: all counsel) ; entry date : 1/13/03 (erv) (Entered: 01/13/2003) RESPONSE by Dfts' to Plas' motion to strike Dft Mountain Coal Company's motion reply Brief in support of Motion for Partial Sum Adj [76-1] [77-1] (erv) (Entered: 01/15/2003) MOTION by Dfts' to extend time that Dfts may depose Plas' expert Ronal J, Brennan from 7 to 14 hrs (erv) (Entered: 01/16/2003) MINUTE ORDER : by Magistrate Judge James M. Robb ; status conf held 1/17/03 ; settlement conf set for 9:00 2/24/03 (cc: all counsel) ; entry date : 1/21/03 (erv) (Entered: 01/21/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts motion to extend time that Dfts may depose Plas' expert Ronal J, Brennan from 7 14 hrs [80-1] (erv) (Entered: 01/21/2003) REPLY by Plas' to Dfts response to Plas' motion to strike Dft Mountain Coal Company's motion reply Brief in support of Motion for Partial Sum Adj [76-1] [77-1] (erv) (Entered: 01/24/2003) RESPONSE by Plas' to Dfts motion to extend time that Dfts may depose Plas' expert Ronal J, Brennan from 7 to 14 hrs (erv) (Entered: 01/24/2003) Amended Disclosures (STATEMENT) by Dfts' Pursuant to D.C. COLOLCivR 7.4 (erv) (Entered: 01/27/2003) ORDER by Magistrate Judge James M. Robb denying Dfts motion to extend time that Dfts may depose Plas' expert Ronal J, Brennan from 7 to 14 hrs [80-1] The Ct, on its motion, adopts Pla's suggestion and ORDERS that the deposition time of Mr Brennan be enlarged to 10 hrs (cc: all counsel) ; entry date : 1/28/03 (erv) (Entered: 01/28/2003) MOTION by Plas' to extend time to supplement Rebuttal Expert Witness Disclosures (erv) (Entered: 01/29/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's motion to extend time supplement Rebuttal Expert Witness Disclosures [87-1] (erv) (Entered: 01/31/2003) RESPONSE in Opposition by Dfts to Pla's motion to extend time to supplement Rebuttal Expert Witness Disclosures [87-1] (erv) (Entered: 02/06/2003) Expedited MOTION by Dfts' to continue Settlement Conf set for 2/24/03 (erv) (Entered: 02/13/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts Expedited motion to continue Settlement Conf set for 2/24/03 [90-1] (erv) (Entered: 02/14/2003)

01/14/2003

79

01/15/2003 01/17/2003

80 81

01/17/2003

82

01/21/2003

83

01/23/2003

84

01/24/2003 01/24/2003

85 86

01/27/2003 01/30/2003

87 88

02/05/2003

89

02/12/2003 02/13/2003

90 91

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 12 of 58 Page 12 of 58

02/20/2003

92

ORDER by Judge Marcia S. Krieger denying pla's motion to strike Dft Mountain Coal Company's motion reply Brief in support Motion for Partial Sum Adj [76-1] [77-1]; the Ct furtehr directs that counsel for both Pla s and Dfts Mountain Coal Company serve a copy of this order on their clients and, within 10 days of the date of this order, file a certification of service with the court reflecting their compliance with this directive (cc: all counsel) ; entry date : 2/20/03 (erv) (Entered: 02/20/2003) MINUTE ORDER : by Magistrate Judge James M. Robb granting Dfts motion to continue Settlement Conf set for 2/24/03 [90-1] settlement conf held 2/21/03 ; Telephone status conf set for 9:00 2/24/03 (cc: all counsel) ; entry date : 2/21/03 (erv) (Entered: 02/21/2003) CERTIFICATE of Service by Dfts' to the Order Denying Motion to Strike dated 2/20/03, that she served a copy of the Order upon Mountain Coal Company 2/21/03 (erv) (Entered: 02/25/2003) REPLY by Plas' to Dfts response to Pla's motion to extend time to supplement Rebuttal Expert Witness Disclosures [87-1] (erv) (Entered: 02/26/2003) CERTIFICATE of Service by Plas' re: Order Denying Motion to Strike (erv) (Entered: 02/26/2003) MOTION by Dfts' for leave & Supplement to Motion for Costs (erv) (Entered: 02/27/2003) MOTION by Plas' for protective order regarding the financial information Dfts seek from Pla's retained expert Ron Brennan (erv) (Entered: 02/27/2003) MINUTE ORDER : by Magistrate Judge James M. Robb granting Dtft's motion for leave & Supplement to Motion for Costs [97-1]; Pla are granted until 3/7/03 to file a response to Dfts Supplementation (cc: all counsel) ; entry date : 3/4/03 (erv) (Entered: 03/04/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Pla's motion for protective order regarding the financial information Dfts seek from Pla's retained expert Ron Brennan [98-1] (erv) (Entered: 03/04/2003) MINUTE ORDER : by Magistrate Judge James M. Robb settlement conf set for 9:00 3/12/03 Supplemental Confidential Settlement Statements shall be faxed or mailed to be received by the Ct by noon, 3/10/03 (cc: all counsel) ; entry date : 3/4/03 (erv) (Entered: 03/04/2003) RESPONSE by Plas' to Dfts motion for leave & Supplement to Motion for Costs [97-1] (erv) (Entered: 03/10/2003) MOTION by Dfts' to extend time to conclude depositions of expert witness Brennan (erv) (Entered: 03/12/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate

02/21/2003

93

02/24/2003

94

02/24/2003

95

02/24/2003 02/25/2003 02/25/2003

96 97 98

02/27/2003

99

02/27/2003

100

02/27/2003

101

03/06/2003 03/11/2003 03/12/2003

102 103 104

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 13 of 58 Page 13 of 58

Judge James M. Robb the motion for leave & Supplement to Motion for Costs [97-1] (erv) (Entered: 03/13/2003) 03/12/2003 105 MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts motion to extend time conclude depositions of expert witness Brennan [103-1] (erv) (Entered: 03/14/2003) COURTROOM MINUTES of Settlement Conf by Magistrate Judge James M. Robb ; settlement conf held 3/12/03 No Settlement was reached ; entry date : 3/31/03 Court Reporter: Susan Holappa (erv) (Entered: 03/31/2003) Unopposed MOTION by Dfts' to extend Deadline for Filing Dispositive Motions to and incl 4/14/03 (erv) (Entered: 03/24/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge James M. Robb the Dfts Unopposed motion to extend Deadline for Filing Dispositive Motions to and incl 4/14/03 [106-1] (erv) (Entered: 03/25/2003) ORDER by Magistrate Judge James M. Robb granting Dfts motion for order for award of Costs [57-1] in the amt of $394.30; Pla's csl shall pay Dfts Atty said amt on or before 4/20/03, at which time interest shall begn to accrue in accordance with the jgm rate in effect (cc: all counsel) ; entry date : 4/3/03 (erv) (Entered: 04/03/2003) MINUTE ORDER : by Magistrate Judge James M. Robb granting Dfts Unopposed motion to extend Deadline for Filing Dispositive Motions to and incl 4/14/03 [106-1] (cc: all counsel) ; entry date : 4/3/03 (erv) (Entered: 04/03/2003) RESPONSE by Plas' to Dfts motion to extend time to conclude depositions of expert witness Brennan [103-1] (erv) (Entered: 04/02/2003) ORDER by Judge Marcia S. Krieger withdrawing [13-2] order and reassigning reference Case referred to Magistrate Judge O. E. Schlatter for status, stlmt, pto and ptc (cc: all counsel) ; entry date : 4/4/03 (gms) (Entered: 04/04/2003) Unopposed MOTION by Dfts' for leave to Submit Supplemental Authority re: Motion for Partial Sum Jgm as Attached (erv) Modified on 04/09/2003 (Entered: 04/09/2003) ORDER by Magistrate Judge James M. Robb granting Pla's motion to extend time to supplement Rebuttal Expert Witness Disclosures [87-1] to 2/10/03; the Ct hereby Grants permission and time to take the Deposition of E. Jeffrey Donner, MD, have Pla John Bartlett examined by Dft expert and submit a rebuttal expert report. The Ct further ORDERS the Dft to consult with Plas and file a schedule with the court no later than 4/18/03 (cc: all counsel) ; entry date : 4/10/03 (erv) (Entered: 04/10/2003) Joint MOTION by PLas', Dfts' to exceed page limitation :re: Page limit

03/12/2003

108

03/21/2003 03/24/2003

106 107

03/28/2003

110

03/28/2003

111

03/31/2003

109

04/03/2003

112

04/08/2003

113

04/08/2003

115

04/09/2003

114

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 14 of 58 Page 14 of 58

for Sum Jgm Briefs (erv) (Entered: 04/09/2003) 04/10/2003 116 ORDER by Judge Marcia S. Krieger granting the Joint motion to exceed page limitation :re: Page limit for Sum Jgm Briefs [114-1] Dfts Brief in support of Motion for Sum Jgm addressing the claims of Bartlett and Pla's Answer Brief shall be no more than 30 pgs; Each Dfts Briefs in support of Motion for Sum Jgm addressing the claims of Plas Clawson, Dillon and Richards and Plas Answer Briefs shall be no more than 25 pgs (cc: all counsel) ; entry date : 4/11/03 (erv) (Entered: 04/11/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; settlement conf set for 1:30 5/15/03 (cc: all counsel) ; entry date : 4/11/03 (erv) (Entered: 04/11/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter, the settlement conf is VACATED and a pre-trial conf shall be hels ; settlement conf VACATED 4/14/03 ; pretrial conf set for 1:30 5/15/03 (cc: all counsel) ; entry date : 4/15/03 (erv) (Entered: 04/15/2003) MOTION by Dfts' for summary judgment as to all claims asserted by Pla John Bartlett (erv) (Entered: 04/15/2003) BRIEF by defendant in support of motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1] (erv) (Entered: 04/15/2003) APPENDIX filed by Dfts' to brief in support of Dfts motion [120-1], for summary judgment as to all claims asserted by Pla John Bartlett [119-1] (Placed in a brown accordian folder as oversized) (erv) (Entered: 04/15/2003) MOTION by Dfts' for summary judgment on all claims asserted by Pla Jared Dillon (erv) (Entered: 04/15/2003) BRIEF by defendant in support of motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1] (erv) (Entered: 04/15/2003) APPENDIX filed by defendant to brief [123-1], to motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1] (Placed in Brown Accordian folder as oversized) (erv) (Entered: 04/15/2003) MOTION by Dfts' for summary judgment as to all claims asserted by Pla Thomas Richards (erv) (Entered: 04/15/2003) BRIEF by Dfts' in support of motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1] (erv) (Entered: 04/15/2003) APPENDIX filed by Dfts' to brief in support [126-1], to motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1] (Placed in Brown accordian Folder as oversized) (erv) (Entered: 04/15/2003) MOTION by Dfts' for summary judgment as to all claims asserted by Pla Michael Clawson (erv) (Entered: 04/15/2003)

04/10/2003

117

04/14/2003

118

04/14/2003 04/14/2003 04/14/2003

119 120 121

04/14/2003 04/14/2003 04/14/2003

122 123 124

04/14/2003 04/14/2003

125 126

04/14/2003

127

04/14/2003

128

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 15 of 58 Page 15 of 58

04/14/2003

129

BRIEF by Dfts' in support of motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (erv) (Entered: 04/15/2003) APPENDIX filed by Dfts' to brief in support [129-1], to motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (Placed in Brown accordian folder as oversized) (erv) (Entered: 04/15/2003) MOTION by defendant Arch Western Res, defendant Arch Coal, Inc. for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp (erv) (Entered: 04/15/2003) BRIEF by defendant Arch Western Res, defendant Arch Coal, Inc. in support of motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1] (erv) (Entered: 04/15/2003) APPENDIX filed by defendant Arch Western Res to brief in support [132-1], to motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended [131-1] (Placed in brown accordian Folder as Oversized) (erv) (Entered: 04/15/2003) APPENDIX of Unpublished Opinions filed by Dfts' to briefs' in Support of Motions for Sum Jgm [132-1], [129-1], [126-1], [123-1], [120-1] (Placed in brown accordian folder as oversized) (erv) (Entered: 04/15/2003) EXHIBIT 1 to Affidavit of Edgar L. Langrand by defendant Mountain Coal Co LLC, defendant Arch Western Res, defendant Arch Coal, Inc. Pursuant to Protective order, [50-1] (Filed Under Seal) (erv) (Entered: 04/16/2003) MOTION by Plas' to compel Discovery Responses (erv) (Entered: 04/21/2003) STATUS REPORT by Dfts' Regarding Pla's Expert Witness E. Jeffrey Donner, M.D. (erv) (Entered: 04/21/2003) MINUTE ORDER : by Magistrate Judge James M. Robb granting motion to extend time to conclude depositions of expert witness Brennan [103-1] (cc: all counsel) ; entry date : 4/23/03 (erv) (Entered: 04/23/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding Pla's [137-1] motion to compel Discovery Responses; Dfts shall have to and incl 4//28/03, in which to respond to Pla's motion (cc: all counsel) ; entry date : 4/22/03 (erv) (Entered: 04/22/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Pla's motion to compel Discovery Responses [137-1] (erv) (Entered: 04/23/2003) MOTION by Plas' to strike Dfts' motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1], motion for summary

04/14/2003

130

04/14/2003

131

04/14/2003

132

04/14/2003

133

04/14/2003

134

04/14/2003

135

04/16/2003 04/18/2003 04/18/2003

137 136 140

04/21/2003

138

04/21/2003

139

04/22/2003

142

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 16 of 58 Page 16 of 58

judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] , or in the alternative for leave to file Thirty-page responses to Dfts' Motions for Sum Jgm in addition to Plas' Response Briefs (erv) (Entered: 04/25/2003) 04/23/2003 141 Stipulated MOTION by Plas', Dfts' for order re: Expert Witness Brennan, withdrawing Order dayed 4/18/03 and substitute the Order submitted (erv) (Entered: 04/24/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Stipulated motion for order re: Expert Witness Brennan, withdrawing Order dated 4/18/03 and substitute the Order submitted [141-1] (erv) (Entered: 04/25/2003) Joint MOTION by Plas', Dfts' to continue Pre-Trial Conf currently set for 5/15/03 at 1:30 (erv) (Entered: 04/28/2003) ORDER by Magistrate Judge O. E. Schlatter withdrawing minute order of 4/28/03 [140-1]; Pla's expert witness Ron Brennan may prepare amended damage calculations regarding the four Pla's. Such amended damage calculations shall be disclosed to Dfts no later than 5/23/03; Denying as Moot Dfts motion to extend time to conclude depositions of expert witness Brennan [103-1] (cc: all counsel) ; entry date : 4/29/03 (erv) (Entered: 04/29/2003) RESPONSE in Opposition by Dfts' to Plas' motion to compel Discovery Responses [137-1] (erv) (Entered: 04/29/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Joint motion to continue Pre-Trial Conf currently set for at 1:30 [144-1] ; pretrial conf Reset for 9:30 8/27/03 (cc: all counsel) ; entry date : 4/29/03 (erv) (Entered: 04/29/2003) ORDER by Judge Marcia S. Krieger granting Dfts Unopposed motion for leave to file Thirty-page responses to Dfts' Motions for Jgm in addition to Plas' Response Briefs [142-2] (cc: all counsel) ; entry date : 4/29/03 (erv) (Entered: 04/29/2003) ORDER by Judge Marcia S. Krieger granting Dfts Unopposed motion for leave to Submit Supplemental Authority re: Motion for Partial Sum Jgm [113-1] (cc: all counsel) ; entry date : 8/5/03 (erv) (Entered: 08/05/2003) ORDER by Magistrate Judge O. E. Schlatter DENYING Pla's motion to compel Discovery Responses [137-1]; Dfts are awarded atty fees and costs in the amt of $500.00 for their response to the motion to compel; Csl for Pla shall pay sum of $500.00 to Dfts on or before 5/15/03 (cc: all counsel) ; entry date : 5/1/03 (erv) (Entered: 05/01/2003) RESPONSE by defendants to Plas' motion to strike Dfts' motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1],

04/24/2003

143

04/25/2003 04/25/2003

144 146

04/28/2003 04/28/2003

145 147

04/28/2003

148

04/28/2003

213

04/30/2003

149

05/06/2003

150

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 17 of 58 Page 17 of 58

motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-1] (pap) (Entered: 05/08/2003) 05/06/2003 05/07/2003 151 153 Uncontested MOTION by plaintiffs to reschedule pretrial conf set for 8/27/03 (pap) (Entered: 05/08/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Pla's Uncontested motion to reschedule pretrial conf set for 8/27/03 [151-1] ; pretrial conf VACATED 5/7/03 Csl for Pla is directed to contact this chambers and coordinate the rescheduling of this conference without delay (cc: all counsel) ; entry date : 5/9/03 (erv) (Entered: 05/09/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Pla's Uncontested motion to reschedule pretrial conf set for 8/27/03 [151-1] (erv) (Entered: 05/09/2003) Uncontested MOTION by Plas' to extend time to file responses to Motins for Summary adjudication to and incl 6/16/03 (erv) (Entered: 05/12/2003) MOTION by plaintiff to withdraw Pla's motion to strike Dfts' motion for summary judgment as to all claims asserted by John Bartlett [119-1], motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing claims for relief raised by all Plas' in the 6th Amended [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-1] (erv) (Entered: 05/12/2003) ORDER by Judge Marcia S. Krieger granting motion to extend time to file responses to Motions for Summary adjudication to and incl 6/16/03 [154-1] (cc: all counsel) ; entry date : 5/13/03 (erv) (Entered: 05/13/2003) ORDER by Judge Marcia S. Krieger granting Pla's motion to withdraw Pla's motion to strike Dfts' motion for summary judgment as to all claims asserted by John Bartlett [119-1], motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing claims for relief raised by all Plas' in the 6th Amended [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-1] [155-1], WITHDRAWING Pla's motion to strike Dfts' motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1], motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-

05/08/2003

152

05/08/2003

154

05/09/2003

155

05/12/2003

156

05/13/2003

157

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 18 of 58 Page 18 of 58

1] (cc: all counsel) ; entry date : 5/14/03 (erv) (Entered: 05/14/2003) 05/13/2003 158 OBJECTION to the Magistrate's Order Denying Plas' Motion to Compel dated 4/30/03 by plaintiff concerning order [149-1] (erv) (Entered: 05/14/2003) RESPONSE by Dfts' to Pla's motion to withdraw Pla's motion to strike Dfts' motion for summary judgment as to all claims asserted by John Bartlett [119-1], motion for summary judgment on all claims asserted by Pla Jared Dillon motion for summary judgment as to all claims asserted by Thomas Richards [125-1], motion for summary judgment dismissing claims for relief raised by all Plas' in the 6th Amended [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-1] [155-1] (erv) (Entered: 05/14/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; pretrial conf set for 9:30 9/8/03 (cc: all counsel) ; entry date : 5/16/03 (erv) (Entered: 05/16/2003) RESPONSE in Opposition by Dfts' to Plas' OBJECTION to the Magistrate's Order Denying Plas' Motion to Compel dated 4/30/03 [1581] (erv) (Entered: 06/03/2003) REPLY by plaintiff to response to motion to withdraw Pla's motion to strike Dfts' motion for summary judgment as to all claims asserted by John Bartlett [119-1], motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], motion for summary judgment dismissing claims for relief raised by all Plas' in the 6th Amended [131-1], motion for judgment as to all claims asserted by Pla Michael Clawson [128-1] [142-1] [155-1] (erv) Modified on 06/04/2003 (Entered: 06/04/2003) Joint MOTION by Plas', Dfts' to extend Deadlines relating to Dfts Motions for Sum Jgm to and incl 7/21/03 to file reply briefs as to Sum Jgm on claims of Bartlett and parent entities and thru 8/7/03 to file reply brief (erv) (Entered: 06/05/2003) ORDER by Judge Marcia S. Krieger granting Joint motion to extend Deadlines relating to Dfts Motions for Sum Jgm to incl 7/21/03 to file reply briefs as to Sum Jgm on claims Bartlett and parent entities and thru 8/7/03 to file reply brief [163-1] No Further extensions will be Granted (cc: all counsel) ; entry date : 6/11/03 (erv) (Entered: 06/11/2003) RESPONSE by plaintiff Thomas E. Richards to Dfts motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1] (Placed in Brown accordian folder as oversized) (erv) (Entered: 06/17/2003) Memorandum of Authorities (BRIEF FILED) by plaintiff Thomas E. Richards in support of motion response to Motion for Sum Jgm [165-1] (erv) (Entered: 06/17/2003)

05/14/2003

159

05/15/2003

160

06/02/2003

161

06/02/2003

162

06/04/2003

163

06/09/2003

164

06/16/2003

165

06/16/2003

166

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 19 of 58 Page 19 of 58

06/16/2003

167

RESPONSE by plaintiff Jared L. Dillon to Dfts motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1] (Placed in brown accordian folder as oversized) (erv) (Entered: 06/17/2003) Memorandum of Authorities (BRIEF FILED) by plaintiff Jared L. Dillon in support of motion response to Sum Jgm [167-1] (erv) (Entered: 06/17/2003) RESPONSE by plaintiff Michael E. Clawson to Dft motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (Placed in brown accordian folder as oversized) (erv) (Entered: 06/17/2003) Memorandum of Authorities (BRIEF FILED) by plaintiff Michael E. Clawson in support of motion response to Sum Jgm [169-1] (erv) (Entered: 06/17/2003) MOTION by Dfts' to compel Deposition of E. Jeffrey Donner , and to expedite telephone hrg (erv) (Entered: 06/18/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dfts motion to compel Deposition of E. Jeffrey Donner [171-1], referring to Magistrate Judge O. E. Schlatter the motion to expedite telephone hrg [171-2] (erv) (Entered: 06/19/2003) ORDER by Magistrate Judge O. E. Schlatter granting Dfts motion to compel Deposition of E. Jeffrey Donner [171-1], granting Dfts motion to expedite telephone hrg [171-2]; Jeffrey Donner is ORDERED to present himself for deposition on 7/1/03 at 4:00 in Loveland Colorado; DFts offer to compensate Dr Donner at the rate of $350.00 per hour is reasonable and acceptable to the court (cc: all counsel) ; entry date : 6/20/03 (erv) (Entered: 06/20/2003) Updated STATUS REPORT by Dfts' Re: Pla's Expert Witness E.Jeffrey Donner, MD (erv) (Entered: 06/23/2003) REPLY in Support by Plas' to Plas' OBJECTION to the Magistrate's Order Denying Plas' Motion to Compel dated 4/30/03 [158-1] (erv) (Entered: 06/24/2003) ATTORNEY APPEARANCE for Plas' by Damon Davis (erv) (Entered: 06/24/2003) MOTION by defendants to compel compliant expert witness disclosures by pla pursuant to FRCP 26(A)(2) , or in the alternative to strike certain portions of plas' expert witness disclosures (pap) (Entered: 06/26/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to compel compliant expert witness disclosures by pla pursuant to FRCP 26(A)(2) [177-1], or to strike certain portions of plas' expert witness disclosures [177-2] (former empl) (Entered: 06/27/2003) Joint MOTION by plaintiff, defendant to extend expert discovery

06/16/2003

168

06/16/2003

169

06/16/2003

170

06/17/2003 06/18/2003

171 172

06/18/2003

173

06/20/2003 06/20/2003

174 175

06/20/2003 06/25/2003

176 177

06/26/2003

178

07/01/2003

179

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?295849157246438-L_505_0-1

1/2/2008

CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 20 of 58 Page 20 of 58

deadline to conclude deposition of pla's expert to 6/30/03 (gms) (Entered: 07/02/2003) 07/01/2003 181 OBJECTION, in Part, to the Magistrate's Order Granting Dfts Motion to Compel Deposition of E. Jeffrey Donner by plaintiff concerning order [173-1] (erv) (Entered: 07/07/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to extend expert discovery deadline to conclude deposition of pla's expert to 6/30/03 [179-1] (pap) (Entered: 07/03/2003) Unopposed MOTION by plaintiff Jared Dillon to supplement the Sum Jgm record in regard to motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion response [167-1], brief [1681] (erv) (Entered: 07/07/2003) RESPONSE by Plas' to Dfts Arch Western Resources, LLC and Arch Coal, Inc's motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1] (erv) (Entered: 07/08/2003) RESPONSE by plaintiff John R. Bartlett to motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1] (erv) (Entered: 07/08/2003) Memorandumm of Authorities BRIEF FILED by plaintiff John R. Bartlett in support of motion response to sum jgm [184-1] (erv) (Entered: 07/08/2003) Memorandum of Authorities (BRIEF) FILED by Plas' in support of motion response to [183-1] Sum Jgm (Placed in brown accordian folder as oversized) (erv) (Entered: 07/09/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Joint motion to extend expert discovery deadline to conclude deposition of pla's expert to 6/30/03 [179-1], regarding [177-1] motion to compel compliant expert witness disclosures by pla pursuant to FRCP 26(A)(2); Pla's shall have to and including 7/10/03 to file a response (cc: all counsel) ; entry date : 7/8/03 (erv) (Entered: 07/08/2003) ORDER by Judge Marcia S. Krieger granting motion to supplement the Sum Jgm record in regard to motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], motion response [167-1], brief [1681] [182-1] (cc: all counsel) ; entry date : 7/9/03 (erv) (Entered: 07/09/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter regarding Dfts [177-1] motion to compel compliant expert witness disclosures by pla pursuant to FRCP 26(A)(2); Pla's shall have to and incl 7/18/03 to file a response (cc: all counsel) ; entry date : 7/11/03 (erv) (Entered: 07/11/2003) Uncontested MOTION by Plas' to extend time to file Pla's Response to

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 21 of 58 Page 21 of 58

Motion to Compel Complaint Expert Witness Disclosures to and incl 7/18/03 (erv) (Entered: 07/15/2003) 07/14/2003 191 MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Pla's Uncontested motion to extend time to file Pla's Response to Motion to Compel Complaint Expert Witness Disclosures to and incl 7/18/03 [190-1] (erv) (Entered: 07/15/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting Pla's uncontested motion to extend time to file Pla's Response to Motion to Compel Complaint Expert Witness Disclosures to and incl 7/18/03 [1901] (cc: all counsel) ; entry date : 7/17/03 (erv) (Entered: 07/17/2003) ORDER and Notice of Evidentiary Hrg by Judge Marcia S. Krieger ; in court hrg set for 10:00 9/17/03 (cc: all counsel) ; entry date : 7/17/03 (erv) (Entered: 07/17/2003) Uncontested MOTION by Dfts' to extend time to Respond to Pla's Objection, in Part, to the Magistrate's Order to and incl 7/23/03 (erv) (Entered: 07/17/2003) ORDER by Judge Marcia S. Krieger GRANTING Dfts uncontested motion to extend time to Respond to Pla's Objection, in Part, to the Magistrate's Order to and incl 7/23/03 [193-1] nunc pro tunc 7/16/03; No Further Extensions will be Granted (cc: all counsel) ; entry date : 7/22/03 (erv) (Entered: 07/22/2003) RESPONSE by Plas' to Dfts motion to compel compliant expert witness disclosures by pla pursuant to FRCP 26(A)(2) [177-1], motion to strike certain portions of plas' expert witness disclosures [177-2] (erv) (Entered: 07/23/2003) REPLY by Dfts' to Plas' response to motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (erv) (Entered: 07/23/2003) Memorandum BRIEF FILED by Dfts' in support of motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (erv) (Entered: 07/23/2003) SUPPLEMENTAL Appendix by Dfts' to Dfts motion reply [197-1], and Memorandum brief [198-1], to Dfts motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1] (erv) (Entered: 07/23/2003) SUPPLEMENTAL Appendix by Dfts' of Unpublished Opinions to Dfts Reply Memorandum [134-1], brief [132-1], to motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended [131-1] (erv) (Entered: 07/23/2003) REPLY by Dfts' to Pla's response to motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1] (erv) (Entered: 07/23/2003)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

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Memorandum Reply (BRIEF) FILED by DFts' in support of motion reply [201-1], for summary judgment as to all claims asserted by Pla Thomas Richards [125-1] (erv) (Entered: 07/23/2003) SUPPLEMENTAL Appendix by Dfts' to motion reply [201-1], and brief in support of Motion for Sum Jgm and Memorandum of Authorities (Richards) [202-1] (erv) (Entered: 07/23/2003) REPLY by Dfts' to Pla's response to motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1] (erv) (Entered: 07/23/2003) Memorandum Reply (BRIEF) FILED by DFts' in support of motion reply [204-1], motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1] (erv) (Entered: 07/23/2003) SUPPLEMENTAL Appendix by Dfts' to Memorandum of Authorities brief [205-1], and to motion reply for Sum Jgm as to PLa Dillon [204-1] (erv) (Entered: 07/23/2003) EXHIBIT "A" by defendant Mountain Coal Co LLC, defendant Arch Western Res, defendant Arch Coal, Inc. to motion response for production No 10 [145-1] FILED UNDER SEAL (erv) (Entered: 07/23/2003) RESPONSE by Dfts' to Pla's OBJECTION, in Part, to the Magistrate's Order Granting Dfts Motion to Compel Deposition of E. Jeffrey Donner [181-1] (erv) (Entered: 07/25/2003) Uncontested MOTION by Dfts' to extend time to file Reply in support of Dfts Motion to Compel Complaint Expert Witness Disclosures by Pla's (erv) (Entered: 07/29/2003) ORDER by Magistrate Judge O. E. Schlatter DENYING Dfts motion to compel complaint expert witness disclosures by pla pursuant to FRCP 26 (A)(2) [177-1] (cc: all counsel) ; date : 7/29/03 (erv) (Entered: 07/29/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter DENYING as MOOT Dfts uncontested motion to extend time to file Reply in support of Dfts Motion to Compel Complaint Expert Witness Disclosures by Pla's [209-1] (cc: all counsel) ; entry date : 7/29/03 (erv) (Entered: 07/29/2003) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the Dfts Uncontested motion to extend time to file Reply in support of Dfts Motion to Compel Complaint Expert Witness Disclosures by Pla's [209-1] (erv) (Entered: 07/30/2003) EXHIBIT A to response to request for production no.10 by defendant Mountain Coal Co LLC, defendant Arch Western Res, defendant Arch Coal, Inc. (filed under seal and stored with sealed documents) (pap) (Entered: 08/08/2003) REPLY memorandum by dfts Arch Western Res, Arch Coal, Inc. in support of motion for summary judgment dismissing all claims for relief

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 23 of 58 Page 23 of 58

raised by all Plas' in the 6th Amended Cmp [131-1] (pap) (Entered: 08/08/2003) 08/07/2003 216 Supplemental APPENDIX filed by dfts Arch Western Res, Arch Coal, Inc. (integrated enterprise) to motion reply [215-1] in support of sum jgm (pap) (Entered: 08/08/2003) REPLY memorandum by defendant to response in support of motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1] (pap) (Entered: 08/08/2003) Supplemental APPENDIX of unpublished opinions filed by defendants to motion reply [217-1] in support of motion for sum jgm (pap) (Entered: 08/08/2003) REPLY by dfts Arch Western Res, Arch Coal, Inc. (integrated enterprise) in support of motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1] (pap) (Entered: 08/08/2003) REPLY by defendants in support of motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1] (pap) (Entered: 08/08/2003) Supplemental APPENDIX filed by defendants to motion reply [220-1] in support of motion for sum jgm and memorandum of authorities (Bartlett) (pap) (Entered: 08/08/2003) REPLY in support by Plas' to objection motion OBJECTION, in Part, to the Magistrate's Order Granting Dfts Motion to Compel Deposition of E. Jeffrey Donner [181-1] (erv) (Entered: 08/13/2003) Undisputed Agreement (MOTION) by Plas' for order resolving the Plas' Objection in Part, to the Magistrate,s Order Granting Dfts' Motion to Compel Deposition of Jeffrey Donner (erv) (Entered: 08/14/2003) Corrected (AMENDED) MOTION by Plas' for order resolving the Pla's Obj in part, to the Mag Order Granting Dfts Motion to Compel Depo of Jeffrey Donner Terminating prior motion for order resolving the Plas' Objection in Part, to the Magistrate,s Order Granting Dfts' Motion to Compel Deposition of Jeffrey Donner [223-1] (erv) (Entered: 08/20/2003) ORDER by Judge Marcia S. Krieger the stipulation resolving the Pla's Obj in part, to the Mag Order Granting Dfts Motion to Compel Depo of Jeffrey Donner [224-1] resolves the plas' OBJECTION, in Part, to the Magistrate's Order Granting Dfts Motion to Compel Deposition of E. Jeffrey Donner [181-1] and said objection is overruled as moot ; in court evidentiary hrg set 9/17/03 is vacated (cc: all counsel) ; entry date : 8/20/03 (gms) (Entered: 08/20/2003) ORDER on Pending Dispositive Motions by Judge Marcia S. Krieger denying MCC's motion for partial summary judgment against Michael Clawson, Jared Dillon and Thomas Richards for failure to Accomodate

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 24 of 58 Page 24 of 58

[62-1], denying dfts' motion for summary judgment as to all claims asserted by Pla John Bartlett [119-1], denying dfts' motion for summary judgment on all claims asserted by Pla Jared Dillon [122-1], denying dfts' motion for summary judgment as to all claims asserted by Pla Thomas Richards [125-1], denying dfts' motion for summary judgment as to all claims asserted by Pla Michael Clawson [128-1], denying AWR & AC's motion for summary judgment dismissing all claims for relief raised by all Plas' in the 6th Amended Cmp [131-1]. Dfts may refile one concise sum jgm motion w/in 10 days. Within 10 days, parties to show cause why documents [135-1] exhibits and [207-1] exhibits should remain under seal ; order to show cause ddl set for 8/28/03 (cc: all counsel) ; entry date : 8/20/03 (gms) (Entered: 08/20/2003) 08/27/2003 08/27/2003 08/27/2003 09/03/2003 09/08/2003 227 228 228 229 230 MOTION by Dfts' to clarify order on Pending Dispositive Motions [2262] , or for reconsideration of the Order (erv) (Entered: 08/29/2003) Response to ORDER to show cause by Dfts' (erv) (Entered: 08/29/2003) MOTION by Dfts' for order to file documents in support of Sum Jgm Motion (erv) (Entered: 08/29/2003) Response to ORDER to show cause by Plas' (erv) (Entered: 09/05/2003) COURTROOM MINUTES of Pre-Trial Conf by Magistrate Judge O. E. Schlatter ; pretrial conf held 9/8/03 ; 15 day jury trial set for 1:00 6/13/05 ; Trial prep conference set for 8:00 5/2/05 ; entry date : 9/9/03 Court Reporter: OES Civil Tape 03-12 (erv) (Entered: 09/09/2003) MINUTE ORDER : by Magistrate Judge O. E. Schlatter; At the pre-trial conf held 9/8/03, the ct and csl discussed the xh lists contained in the pretrial order and the need for a consolidated list. It is ORDERED that csl shall exchange copies of exhibit lists on or before 1/9/04; file a stiplated exhibit loist on or before 1/23/04; and file objections to exhibits on or before 2/23/04 (cc: all counsel) ; entry date : 9/9/03 (erv) (Entered: 09/09/2003) Final PRE-TRIAL ORDER by Magistrate Judge O. E. Schlatter Pending Motions: Dft Mountain Coal motion for partial sum jgm; Dfts motion for reconsideration of the court order denying motions to dismiss; Pla's Obj to Mags Order denying motion to compel; Dfts resp to OSC and motion to file documents in support of motion for sum jgm; Discovery has been completed; estiamted trial is 15 days to be tried to a jury 6/13/05(cc: all counsel) (erv) (Entered: 09/09/2003) ORDER by Judge Marcia S. Krieger ; fifteen day jury trial set for 1:00 6/13/05 ; Trial prep conference set for 8:00 5/3/05 (cc: all counsel) ; entry date : 9/11/03 (erv) (Entered: 09/11/2003) MOTION by Dfts' to sever , or in the alternative for order for Separate Trials (erv) (Entered: 09/11/2003) APPENDIX of Unpublisher Authorities filed by Dfts' to motion to sever [233-1], to motion for order for Separate Trials [233-2] (erv) (Entered:

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:01-cv-02199-MSK-MEH Document 530-3

Filed 01/02/2008

Page 25 of 58 Page 25 of 58

09/11/2003) 09/12/2003 236 RESPONSE by Plas' to Dfts motion to clarify order on Pending Dispositive Motions [226-2] [227-1], motion for reconsideration of the Order [227-2] (erv) (Entered: 09/17/2003) RESPONSE by Plas' to Dfts' motion to sever [233-1], or in the alternative motion for order for Separate Trials [233-2] (erv) (Entered: 10/07/2003) REPLY by Dfts' to Plas' response to motion to sever [233-1] (erv) (Entered: 10/22/2003) Joint MOTION by plaintiff, defendant to vacate magistrate judge's minute order dated 9/8/03 [231-1] (dlb) (Entered: 01/12/2004) MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge O. E. Schlatter the motion to vacate magistrate judge's minute order dated 9/8/03 [231-1] [239-1] (dlb) (Entered: 01/13/2004) MINUTE ORDER : by Magistrate Judge O. E. Schlatter granting motion to vacate magistrate judge's minute order dated 9/8/03 [231-1] [239-1] vacating minute order [231-1] (cc: all counsel) ; entry date : 1/13/04 (dlb) (Entered: 01/13/2004) ORDER by Judge Marcia S. Krieger ORDERED: that the order to show cause issued 8/18/03 is DISCHARGED; granting dft's motion to file documents under seal: for order to file documents in support of Sum Jgm Motion [228-1], granting dft's motion to clarify order on Pending Dispositive Motions [226-2] [227-1] and for reconsideration of the Order; but the court declines to alter its 8/18/03 order req resubmission of a mtn complaint with the format set forth in the procedural memo; such motion, if any, shall be filed within 75 days of this order; [227-2] denying dft's motion to sever [233-1] or for order for Separate Trials [233-2]; within 10 days of this order, dfts provide copy of this order to their clients and file certif with court (cc: all counsel) ; entry date : 1/29/04 (dlb) (Entered: 01/29/2004) Certificate of Compliance by defendants re: order [242-1] (dlb) (Entered: 02/02/2004) ORDER Vacating, in part, Trial Prep Order by Judge Ma