Nu-West Mining, Inc. et al v. USA

Filing 99

ORDER granting 98 Motion for Leave to File Amended Response to Plaintiffs' Motion for Partial Summary Judgment on Attorneys' Fees. 96 RESPONSE to Motion and 97 STATEMENT of Material Facts are declared a nullity and the Clerk is direct ed to to seal both documents. The Plaintiffs shall file their Reply to 90 MOTION for Partial Summary Judgment by 5/5/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
NU-WEST MINING, INC. and
NU-WEST INDUSTRIES, INC.,

)
)
)
Plaintiffs/Counterclaim
)
Defendants
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Defendant/Counterclaimant.
)
___________________________________ )

No. 09-431-E-BLW

ORDER

The United States has filed a motion seeking leave of this Court to file an Amended
Response to Plaintiffs’ Motion for Partial Summary Judgment on the United States’ Claimed
Attorneys’ Fees and Legal Costs (“The United States’ Amended Response”). The United States’
proposed Amended Response to Plaintiffs’ Motion for Partial Summary Judgment on Attorneys’
Fees and Legal Costs, and the United States Amended Statement of Undisputed Material Facts in
Response to Plaintiffs’ Motion for Partial Summary Judgment on Attorneys’ Fees and Costs
were filed by the United States as attachments to its Motion for Leave. Plaintiffs do not oppose
the United States’ Motion for Leave.
The image of a document filed on CM/ECF cannot be removed. However, the document
can be declared a nullity and sealed, and an amended document can be filed. The Court will take
that course.
Finding good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that the United States’ Motion for
Leave (docket no. 98) is GRANTED.
Order – page 1

IT IS FURTHER ORDERED, that the Response of the United States to Plaintiffs’
Motion for Partial Summary Judgment on the United States’ Claimed Attorneys’ Fees and Legal
Costs (docket no. 96) and Statement of Material Facts (docket no. 97) are declared a NULLITY,
and the Clerk is directed to SEAL both documents.
IT IS FURTHER ORDERED, that the Clerk shall file the (1) Amended Response and
(2) Amended Statement of Undisputed Material Facts, attached as Exhibits 1 and 2 to the Motion
(docket no. 98).
IT IS FURTHER ORDERED, that plaintiffs shall file their reply brief to the United
State’s Amended Response Brief (being ordered filed in this Order) on or before May 5, 2011.

DATED: April 20, 2011

B. LYNN WINMILL
Chief Judge
United States District Court

Order – page 2

-2-