City of Benkelman, Nebraska v. Baseline Engineering Corporation et al

Filing 62

ORDER - All matters surrounding the question regarding the trial to determinewhether the City of Benkelman and Baseline Engineering Corporation are subject to binding arbitration, including discovery, progression and pretrial conferences, will be han dled by the undersigned and not Judge Zwart. As indicated in my previous order, the parties are encouraged to stipulateto as much as they can to avoid the necessity of pretrial proceedings regarding the (ironic) trial to determine whether we should h ave a trial. No further action is required by Defendant Layne Christensen Company. To be precise, the action between the City of Benkelman and Layne Christensen Company, along with Christensen's counter claims against the City, remain pending but are stayed. Ordered by Senior Judge Richard G. Kopf. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CITY OF BENKELMAN,
NEBRASKA, A Political
Subdivision,
Plaintiff,
v.
BASELINE ENGINEERING
CORPORATION, A Colorado
Corporation, and LAYNE
CHRISTENSEN COMPANY, A
Delaware Corporation,
Defendants.

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7:15CV5003

ORDER

After consultation with Magistrate Judge Zwart,
IT IS ORDERED that:
(1) All matters surrounding the question regarding the trial to determine
whether the City of Benkelman and Baseline Engineering Corporation are subject to
binding arbitration, including discovery, progression and pretrial conferences, will be
handled by the undersigned and not Judge Zwart.
(2) As indicated in my previous order, the parties are encouraged to stipulate
to as much as they can to avoid the necessity of pretrial proceedings regarding the
(ironic) trial to determine whether we should have a trial.
(3) No further action is required by Defendant Layne Christensen Company.
To be precise, the action between the City of Benkelman and Layne Christensen

Company, along with Christensen’s counter claims against the City, remain pending
but are stayed.
DATED this 15th day of February, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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