Aurora Cooperative Elevator Company v. Aventine Renewable Energy - Aurora West, LLC

Filing 111

ORDER on motion for leave to inspect, 98 . Telephone Conference set for 1/22/2014 at 04:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AURORA COOPERATIVE ELEVATOR
COMPANY,
4:12CV230
Plaintiff,
vs.

MEMORANDUM AND ORDER

AVENTINE RENEWABLE ENERGY AURORA WEST, LLC, AVENTINE
RENEWABLE ENERGY HOLDINGS,
INC.,
Defendants.
After conferring with the parties,
IT IS ORDERED that the plaintiff’s Motion for Leave to Inspect Aurora West
Ethanol Plant, (Filing No. 98), is granted as follows:
1)

The plaintiff shall provide a listing of the plant locations, processes, and/or
parts it intends to inspect, and shall identify who will be attending the
inspection.

2)

The parties shall confer to create a joint proposed protective order which
will eliminate, or limit to the extent possible, any disruption of the
defendant’s use of the plant during the plaintiff’s inspection. The proposed
protective order shall be promptly submitted to the court for approval and
signing.

3)

The parties shall cooperate to schedule the prompt inspection of the plant
by the plaintiff in accordance with the plaintiff’s location, part, and/or
process listing and the protective order entered for that purpose.

4)

The plaintiff will be afforded an additional opportunity to inspect the plant
after defendant’s document production is complete upon a showing by the
plaintiff that information within the documents produced hereafter justifies
another entry onto the property to inspect an additional location, part, or
process within the plant.

5)

The defendant shall create and disclose an list which specifically explains
plant modifications made since July 1, 2012 to accommodate plant startup.
This list shall continue to be maintained and updated until any postdocument production inspection by the plaintiff is complete.

6)

A telephonic conference with the undersigned magistrate judge will be held
on the record on January 22, 2014 at 4:00 p.m. to discuss the parties’
progress in complying with paragraphs 1, 2, and 3 of this order. The parties
shall use the call-in information for today’s hearing to attend the telephone
conference.

Dated this 21st day of January, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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