Grand Electric, LLC v. International Brotherhood of Electrical Workers Local 265

Filing 138

MEMORANDUM AND ORDER granting 133 Stipulation; denying as moot Motion for Leave to file an Amended Complaint 120 . Plaintiff's amended complaint and amended answers, drafted in accordance with the parties' stipulation, shall be filed by 12/10/2010. Defendants' answers to plaintiff's amended complaint are due 14 days after the amended complaint is filed. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

Grand Electric, LLC v. International Brotherhood of Electrical Workers Local 265

Doc. 138

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA GRAND ELECTRIC, LLC, Plaintiff, v. INTERNATIO N AL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 265, et. al., Defendants. IT IS ORDERED: 1) The parties' joint stipulation, (filing no. 133), is granted, and a. The plaintiff's amended complaint, drafted in accordance with the parties' s t ip ula t ion to add a claim of restitution against the Defendant Funds and Defendant Trustees, shall be filed on or before December 10, 2010. The answers of the Defendant Funds and Defendant Trustees shall be filed on or before 14 days following the filing of plaintiff's amended complaint. Plaintiff's amended answer to the counterclaim of the Vacation Fund, JATC, NEBF and the Trustees of the Vacation Fund, JATC and NEBF (filing no. 61), drafted in accordance with the parties' stipulation to add the affirmative defense of offset based on the payment of overpaid contributions as a result of a mistake of law and/or fact, shall be filed on or before December 10, 2010. Plaintiff's amended answer to the amended counterclaim of the Dakotas F und s and Dakota's Trustees (filing no. 77), drafted in accordance with the parties' stipulation to add the affirmative defense of offset based on the p a yme nt of overpaid contributions as a result of a mistake of law and/or fact, shall be filed on or before December 10, 2010. ) ) ) ) ) ) ) ) ) ) )

4:09CV3160

MEMORANDUM AND ORDER

b.

c.

2)

The plaintiff's motion for leave to amend the complaint, (filing no. 120), is denied as moot. November 24, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

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