American Concrete Products Co. v. West American Rubber et al

Filing 46

AMENDED ORDER - The Joint Motions to Extend Deadlines for Filing Dismissal Papers and Stay this Action 42 and 43 are denied. On or before March 15, 2010, the parties will file a joint stipulation for dismissal (or other dispositive stipulation) and submit a draft order that fully disposes of the case to [e-mail]. Absent compliance with this order, this case (including all counterclaims) may be dismissed without further notice. Dismissal Papers Deadline due by 3/15/2010. Ordered by Judge Laurie Smith Camp. (JAE)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA AMERICAN CONCRETE PRODUCTS CO., Plaintiff, v. WEST AMERICAN RUBBER COMPANY, LLC, d/b/a WARCO, and GT SALES & MANUFACTURING, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:07CV289

AMENDED ORDER

This matter is before the Court on the parties' joint motion to extend the time in which to file dismissal papers and stay this action (Filing Nos. 42 and 44). The dismissal papers were due January 30, 2010, and the case was stayed through that date to allow performance of the parties' settlement agreement. (Filing No. 38.) The parties' joint motion states that their settlement agreement provides for monthly payments through February 10, 2011. The parties request that the Court grant an extension to file dismissal documents and stay the case through February 28, 2011. The Court respects the parties' wishes; however, the Court's continuing jurisdiction over compliance with the settlement agreement is not necessary. The Court therefore finds that the joint motion should be denied. Accordingly, IT IS ORDERED: 1. The Joint Motions to Extend Deadlines for Filing Dismissal Papers and Stay this Action (Filing Nos. 42 and 44) are denied;

2.

On or before March 15, 2010, the parties will file a joint stipulation for dismissal (or other dispositive stipulation) and submit a draft order that fully disposes of the case to [e-mail]; and

3.

Absent compliance with this order, this case (including all counterclaims) may be dismissed without further notice.

DATED this 18th day of February, 2010. BY THE COURT:

s/Laurie Smith Camp United States District Judge

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