Keating et al v. Nebraska Public Power District et al

Filing 129

ORDER - This action is stayed pending a ruling by the Nebraska Supreme Court in the case of In re 2007 Appropriation of Niobrara River Waters. The parties shall schedule a new scheduling conference with the Court within ten (10) days of the issuance of the aforementioned opinion. Ordered by Senior Judge Lyle E. Strom. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA GERARD J. KEATING, JANET A. ) KEATING, FRANK R. KREJCI, ) JANE KREJCI, TIMOTHY PETERSON,) LINDA PETERSON, DARYL ) BUTTERFIELD and MAKALA ) BUTTERFIELD, individually and ) on behalf of all persons ) similarly situated, ) ) Plaintiffs, ) ) v. ) ) NEBRASKA PUBLIC POWER ) DISTRICT, NEBRASKA DEPARTMENT ) OF NATURAL RESOURCES, DENNIS ) L. RASMUSSEN, MARY A. HARDING,) RONALD W. LARSEN, LARRY A. ) LINSTROM, DARRELL J. NELSON, ) EDWARD J. SCHROCK, KEN L. ) SCHMIEDING, GARY G. THOMPSON, ) LARRY G. KUNCL, VIRGIL L. ) FROEHLICH, WAYNE E. BOYD and ) ANN SALOMAN BLEED, in their ) official capacities, and DOES ) 1-100, ) ) Defendants. ) ______________________________)

7:07CV5011

ORDER

This matter is before the Court upon conclusion of a June 5, 2009 scheduling conference. During the conference,

counsel represented to the Court that the outcome of a pending case in the Nebraska Supreme Court may inform the Court's judgment on the legal issues in this case. Counsel further

represented that it is likely that the state court will issue an opinion in the near future. Progression of this case should

therefore be stayed pending the Nebraska court's decision. Accordingly, IT IS ORDERED that: (1) This action is stayed pending a ruling by the Nebraska Supreme Court in the case of In re 2007 Appropriation of Niobrara River Waters; (2) The parties shall schedule a new scheduling conference with the Court within ten (10) days of the issuance of the aforementioned opinion. DATED this 8th day of June, 2009. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court

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