Pattison Sand Company, LLC v. Federal Mine Safety and Health Review Commission et al

Filing 33

ORDER denying 32 Motion to Extend Stay for 90 Days. The stay is hereby lifted. The Clerk of Court is directed to designate as pending the 23 Motion to Dismiss. If Plaintiff wishes to resist the Motion to Dismiss, Plaintiff is directed to file a resistance on or before 9/7/2012. If Defendants wish to file a reply to any resistance, Defendants are directed to file a reply on or before 9/11/2012. Signed by Chief Judge Linda R Reade on 8/30/2012. (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION

PATTISON SAND COMPANY, LLC,
Plaintiff,

No. 11-CV-1051-LRR

vs.

ORDER

FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION and
MINE SAFETY AND HEALTH
ADMINISTRATION,
Defendants.
____________________
The matter before the court is the parties’ joint “Status Report and Motion to Extend
Stay for 90 Days” (“Motion”) (docket no. 32), which the parties filed on August 30, 2012.
On February 15, 2012, the court entered an Order (docket no. 25) staying this case
pending the resolution of Plaintiff’s interlocutory appeal to the Eighth Circuit Court of
Appeals. On July 31, 2012, the Eighth Circuit issued its Opinion (docket no. 27) and
Judgment (docket no. 28) affirming this court’s Order (docket no. 14) denying Plaintiff’s
Motion for Temporary Restraining Order and Preliminary Injunction (docket no. 11). In
the Motion, the parties ask the court to extend the stay for 90 days while the parties work
toward a resolution of the case.
The court finds it unnecessary to extend the stay in light of the Eighth Circuit’s
resolution of the interlocutory appeal and the amount of time that has passed. The Motion
is DENIED, and the stay is hereby lifted. The Clerk of Court is DIRECTED to designate
as pending the Motion to Dismiss (docket no. 23). If Plaintiff wishes to resist the Motion
to Dismiss, Plaintiff is DIRECTED to file a resistance on or before September 7, 2012.
If Defendants wish to file a reply to any resistance, Defendants are DIRECTED to file a
reply on or before September 11, 2012.

IT IS SO ORDERED.
DATED this 30th day of August, 2012.

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