Howland 3 Investments, LLC et al v. Heritage Coal Company, LLC et al

Filing 46

ORDER granting 44 Motion to Allow Inspection and Testing of Real Property Pursuant to Protocol. Signed by Magistrate Judge Donald G. Wilkerson on 3/29/2010. (hbs)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HOWLAND 3 INVESTMENTS, LLC, et al., Plaintiffs, v. HERITAGE COAL COMPANY, LLC, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-451 JPG-DGW

ORDER Now pending before the Court is an Agreed Motion to Allow Inspection and Testing of Real Property Pursuant to Protocol (Doc. 44). Federal Rule of Civil Procedure 34(a)(2) permits "entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it." Here, the parties have agreed to inspection of the real property that is the subject matter of this action to assess mine subsidence. The parties have submitted a protocol for the inspection that specifies methods and procedures to be used in inspecting and assessing the property. The motion is GRANTED. The Court APPROVES the protocol submitted with the motion. Plaintiffs shall allow the entry upon, inspection, and testing of the subject real property pursuant to the protocol, to occur on a date and time that is mutually convenient to all parties. IT IS SO ORDERED. DATED: March 29, 2010 s/ Donald G. Wilkerson DONALD G. WILKERSON United States Magistrate Judge