Delta Natural Kraft LLC v. Graphic Packaging International Inc

Filing 17

AGREED ORDER re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Graphic Packaging International Inc, which will be withdrawn upon the filing of an amended complaint by plaintiff, with the responsive pleading of deft GPI to the first amended complaint to be due 20 days from the filing of the first amended complaint. Signed by Judge Brian S. Miller on 8/26/09. (bkp)

IN THE UNITED STATED DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DELTA NATURAL KRAFT, LLC vs. CASE NO. 5:09CV0217 BSM DEFENDANT PLAINTIFF

GRAPHIC PACKAGING INTERNATIONAL, INC. AGREED ORDER

Now before the court is the motion to dismiss of the defendant, Graphic Packaging International, Inc. ("GPI") (Doc. No. 9), and the parties have announced that they have resolved the motion on the following terms: 1. Plaintiff Delta Natural Kraft, LLC ("Delta Natural") desires to file a first amended complaint and amended disclosure statement to clarify the subject matter jurisdiction of the court. As per Rule 15(a)(2) of the Federal Rules of Civil Procedure, defendant GPI consents to the filing of the first amended complaint by plaintiff Delta Natural. 2. Upon the filing of the first amended complaint, defendant GPI will withdraw its currently pending motion to dismiss for lack of subject matter jurisdiction as moot. 3. The responsive pleading of defendant GPI to the first amended complaint shall be due 20 days from the filing of the first amended complaint, with no need to file any further responsive pleading on the initial complaint.

IT IS SO ORDERED this 26th day of August, 2009.

HONORABLE BRIAN S. MILLER UNITED STATES DISTRICT JUDGE APPROVED: /s/ Benecia B. Moore Steven W. Quattlebaum, Ark. Bar # 84127 Benecia B. Moore, Ark. Bar # 2006050 QUATTLEBAUM, GROOMS, TULL & BURROW PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 /s/ William A. Waddell, Jr. (with permission) William A. Waddell, Jr., Ark. Bar # 84514 FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201

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