Thiele Dairy v. Earthsoils, et al

Filing 73

ORDER - 1. Defendants' motion to dismiss counterclaim (filing 68 ) is granted; 2. Defendants' counterclaim (filing 17 ) is dismissed without prejudice; 3. The motion for summary judgment (filing 53 ) filed by Plaintiff with regard to Defendants' counterclaim is denied as moot; 4. Final judgment will be withheld until all claims in this matter are resolved. Ordered by Judge Richard G. Kopf. (JAB)

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA THIELE DAIRY, LLC, A Nebraska Limited Liability Company, Plaintiff, V. EARTHSOILS, Inc., a Minnesota C orporation, and MIKE A. M C C OR M A CK , D e fe n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) )

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ORDER

This matter is before the court on Defendants' motion to dismiss the counterclaim (filing 68) that they asserted against Plaintiff in this case (filing 17). I shall grant the m o tio n . IT IS ORDERED: 1. 2. 3. Defendants' motion to dismiss counterclaim (filing 68) is granted; Defendants' counterclaim (filing 17) is dismissed without prejudice; The motion for summary judgment (filing 53) filed by Plaintiff with regard to Defendants' counterclaim is denied as moot; Final judgment will be withheld until all claims in this matter are resolved.

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December 17, 2008. BY THE COURT: s/Richard G. Kopf United States District Judge