United States of America v. Fifty Below Sales & Marketing, Inc.

Filing 35

ORDER re 34 Notice of Continuing Litigation and Request to Correct Docket filed by United States of America; the docket should be corrected to reflect that the Court should not have granted summary judgement 32 with respect to this case and the case should be reopened (Written Opinion). Signed by Judge Ann D Montgomery on 07/26/2006. (TLU)

United States of America v. Fifty Below Sales & Marketing, Inc.

Doc. 35

Case 0:06-cv-01112-ADM-RLE

Document 35

Filed 07/26/2006

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA United States of America, Plaintiff, v. Fifty Below Sales & Marketing, Inc., a Minnesota Corporation, Defendant. ______________________________________________________________________________ Michael R. Pahl, Esq., Assistant United States Attorney, Washington, DC, on behalf of United States of America. ______________________________________________________________________________ On July 21, 2006, the United States of America ("United States") filed a Notice of Continuing Litigation and Request to Correct Docket ("Notice") [Docket No. 34]. In the Notice, the United States avers that summary judgment was erroneously granted and judgment was erroneously entered in this case. While summary judgment and judgment were appropriate in related civil cases 05-1380 and 06-1269, this case contains a separate, unresolved issue of whether a permanent injunction should be issued. The Court agrees. The docket should be corrected to reflect that the Court should not have granted summary judgment [Docket No. 32] with respect to this case. Also, judgment [Docket No. 33] should not be entered in this case. BY THE COURT: ORDER Civ. No. 06-1112 ADM/RLE

s/Ann D. Montgomery ANN D. MONTGOMERY U.S. DISTRICT JUDGE Dated: July 26, 2006.

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