United States of America et al v. Peckham, Inc. et al

Filing 77

ORDER - The Joint Motion To Abate 75 is granted. All deadlines related to the United States' time for filing a motion to dismiss West Point Dairy Products, LLC's Cross-Claims, and to West Point Dairy Products, LLC's and Wimmer's time to respond to the City of West Point's Motion (filing 57 ) to Dismiss the Cross-Claim of West Point Dairy Products, LLC, are abated until either (a) the United States files a motion to enter the proposed consent decree (filing 74 ) and th e Court approves the same or (b) until the United States files a notice withdrawing from the proposed consent decree; The City of West Points Motion (filing 57 ) to Dismiss the Cross-Claim of West Point Dairy Products, LLC, is held in abeyance until further order of the court. Ordered by Judge Richard G. Kopf. (JAB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THE UNITED STATES OF AMERICA and TH E STATE OF NEBRASKA, ) ) ) P l a in t i f f s , ) ) v. ) ) TH E CITY OF WEST POINT, NEBRASKA, ) PECKH A M, INC. (f/k/a West Point Diary ) Products, Inc.), MARK PECKHAM, WEST ) POINT DAIRY PRODUCTS, LLC and ) WIMM ER'S MEAT PRODUCTS, INC. ) ) D efend ants. ) _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ )

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PURSUANT to the Joint Motion To Abate All Motion to Dismiss and Briefing Deadlines Related to the Cross-Claims of West Point Dairy Products, LLC, and the Motion to Dismiss Filed by the City Of West Point (filing 75), and the Court being fully advised of the premises, IT IS ORDERED: 1. The Joint Motion To Abate All Motion to Dismiss and Briefing Deadlines

Related to the Cross-Claims of West Point Dairy Products, LLC, and the Motion to Dismiss Filed by the City Of West Point (filing 75) is granted; 2. All deadlines related to the United States' time for filing a motion to dismiss

West Point Dairy Products, LLC's Cross-Claims, and to West Point Dairy Products, LLC's and Wimmer's time to respond to the City of West Point's Motion (filing 57) to Dismiss the CrossClaim of West Point Dairy Products, LLC, are abated until either (a) the United States files a motion to enter the proposed consent decree (filing 74) and the Court approves the same or (b) until the United States files a notice withdrawing from the proposed consent decree; 3. The City of West Point's Motion (filing 57) to Dismiss the Cross-Claim of West

Point Dairy Products, LLC, is held in abeyance until further order of the court. DATED this 16th day of June, 2009. BY THE COURT: s/ Richard G. Kopf United States District Judge