Luft Farms LLC et al v. Western Sugar Cooperative, The

Filing 66

MINUTE ORDER Denying as moot Without Prejudice #19 Defendants Motion to Dismiss; Plaintiffs shall respond to Defendants Motion to Exceed Page Limit for Brief in Support of Motion to Dismiss the Amended Complaint, not later than 4/28/09, by Chief Judge Wiley Y. Daniel on 4/21/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02014-WYD-CBS LUFT FARMS, LLC, a Colorado limited liability company; ALLEN REUTER; and CONNIE REUTER, Plaintiffs, v. THE WESTERN SUGAR COOPERATIVE, a Colorado Cooperative Corporation, Defendant. MINUTE ORDER ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL 1. In light of the Amended Complaint [doc. #60], filed April 2, 2009, and Defendant's Motion to Dismiss the Amended Complaint [doc. #61], filed April 17, 2009, Defendant's Motion to Dismiss [doc. #19], filed November 10, 2008, is DENIED AS MOOT WITHOUT PREJUDICE. Plaintiffs shall respond to Defendant's Motion to Exceed Page Limit for Brief in Support of Motion to Dismiss the Amended Complaint [doc. #63], filed April 17, 2009, not later than Tuesday, April 28, 2009. Not later than Tuesday, May 5, 2009, Defendant shall advise the Court to what extent Defendant's Motion to Strike Class Allegations and Dismiss "Class Claims" [doc. #20], filed November 10, 2008, is impacted by the Amended Complaint. To the extent the Amended Complaint contains new allegations that impact the Motion and need to be addressed, Defendant should withdraw the Motion and file a new Motion with respect to the Amended Complaint. Dated: April 21, 2009.

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