Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 519

Filed 08/08/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-02199-MSK-MEH MICHAEL E. CLAWSON and JARED DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC., Defendants.

PLAINTIFF'S UNOPPOSED MOTION FOR A ONE-DAY EXTENSION TO SUBMIT A HARD COPY OF CONSOLIDATED REPLY AS ORDERED IN DOCKET NO. 518

The plaintiff, Michael E. Clawson, through his undersigned counsel, Killian, Guthro & Jensen, P.C., hereby submit his Unopposed Motion For A One-Day Extension To Submit A Hard Copy Of Consolidated Reply As Ordered In Docket No. 518, and in support thereof, states as follows: 1. Plaintiff's counsel relocated their offices over the weekend of August 4, 2007.

Packing for this process began earlier in the week. Around noon on August 2, 2007, the firm's server, and all related computer functions, was shut down in preparation for the move. That same day, Magistrate Judge Hegarty entered an order requiring submission of plaintiff's reply regarding attorney fees, costs, and interest, Docket No. 513, to be submitted in hard copy by August 8, 2007. Docket No. 518.

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

Document 519

Filed 08/08/2007

Page 2 of 4

2.

For some reason, apparently having to do with the firm's server being shut down,

plaintiff's counsel did not receive an e-mail notice of the order, Docket No. 518, on Monday, August 6, 2007, when work in the new office began. The office was closed on Friday, to allow the movers to complete packing of the office. On the afternoon of August 8, 2007, plaintiff's counsel received a blank e-mail referring to an order in this case. Exhibit 1. Not being aware of any outstanding orders, and curious as to the blank e-mail, plaintiff's counsel checked on PACER for any unknown orders. It was at this time that plaintiff's counsel discovered the order requiring submission of the hard copy version of the reply, Docket No. 513. Exhibit 2. 3. Plaintiff's counsel did not learn of the requirement to submit the reply, and

exhibits, in hardcopy, until the day they were due to the court. Plaintiff's counsel cannot have a package the size of the reply and attached exhibits delivered to the court in less than one day. Plaintiff's counsel has already had the documents copied, and is sending them by Federal Express overnight delivery to Magistrate Judge Hegarty. Due to the extenuating circumstances and the lack of notice of the order, Plaintiff Clawson requests a one-day extension to allow for overnight delivery of the documents by Federal Express. 4. No previous extension of time has been sought or obtained on this matter. A copy

of this motion is being sent to Plaintiff Clawson. CERTIFICATE OF CONFERRAL Upon discovering the order requiring submission of a hard copy of the reply and exhibits, plaintiff's counsel contacted defense counsel and explained the situation. Defense counsel stated there would be no objection to a one-day extension to allow for overnight delivery of the documents. 2

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

Document 519

Filed 08/08/2007

Page 3 of 4

RESPECTFULLY SUBMITTED this 8th day of August, 2007.

s/ Damon Davis J. Keith Killian Damon Davis Killian, Guthro & Jensen, P.C. 225 N. 5th Street Grand Junction, CO 81501 Telephone: (970) 241-0707 FAX: (970) 242-8375 E-mail: [email protected] Attorney for Plaintiff Michael E. Clawson

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

Document 519

Filed 08/08/2007

Page 4 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on the 8th day of August, 2007, 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] and, I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Mr. Michael Clawson 38506 Back River Road Paonia, CO 81428 Mail

s/Damon Davis ___ J. Keith Killian, Esq. No. 9042 Damon Davis, Esq. No. 34323 Attorney for Plaintiffs Killian, Guthro & Jensen, P.C. 225 North 5th Street Grand Junction, Colorado 81501 Telephone: (970) 241-0707 Fax: (970) 242-8375 [email protected]

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