USA, et al v. Vertac Chemical Corp, et al

Filing 2586

ORDER denying without prejudice 2583 Motion for Forfeiture of Property; denying 2584 Motion for Order. Signed by Judge D. P. Marshall Jr. on 1/27/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

~NITED STATES

v.

OF AMERICA, et ale

PLAINTIFFS

No.4:80-cv-109-DPM

VERTAC CHEMICAL CORP., et ale

DEFENDANTS

ORDER

The Court and counsel held another productive status conference on 27
January 2012. The Court appreciates counsel's continue diligence.
While the Court approves, in general, the plan set out in the Receiver's
Motion to Disclaim Interest in Property, Document No. 2583, and his Motion
for Order Establishing Notice of Receiver's intent to Abandon Real Estate and
Establishing Deadlines for Objections, Document No. 2584, it became apparent
at the status conference that these motions were premature. The parties have
more to do on several fronts before the motions' substance can be addressed.
The Court therefore denies them without prejudice.
The Court intends to hold what it hopes will be a final status conference
on a convenient day in mid-May 2012. Before that, however, several things

need to happen so that this matter continues to move toward resolution. First,
the Receiver should file a rough budget for the remaining necessary
expenditures by 1 March 2012. Second, the Receiver must report by 1 March
2012 on a definite plan for the records-whether incineration or depositing
them with UALR. Third, the parties should file a joint status report by 2 April
2012. The report should update the Court on all open issues, particularly
whether the parties have reached agreement on the "institutional control
policy" and the side agreement about continued maintenance of the property.
Motions, Document Nos. 2583 & 2584, denied without prejudice.
So Ordered.

Z/

D.P. Marshall Jr.

United States District Judge

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