Union Pacific Railroad Company v. United States Environmental Protection Agency et al

Filing 119

ORDER - Proposed Plaintiff-Intervenor Asarco LLC's Motion to Intervene 70 is denied without prejudice to reassertion; Proposed Plaintiff-Intervenors Asarco Incorporated and Asarco LLC's Amended Motion to Intervene 91 is denied without p rejudice to reassertion; Proposed Plaintiff-Intervenors Asarco LLC's and Asarco Incorporated's Motion to File Supplemental Reply-Brief and Supplemental Index of Evidence in Support of Amended Motion to Intervene 104 is denied without prejudice to reassertion. Ordered by Magistrate Judge F.A. Gossett. (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD
COMPANY,
Plaintiff,
V.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, and LISA P.
JACKSON, Administrator, In Her
Official Capacity,
Defendants.

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8:10CV235

ORDER

Pursuant to the court’s approval of the parties’ stipulation for compromised settlement (filing
118), all motions now pending herein (filings 70, 91 & 104) are dismissed without prejudice to
reassertion.
IT IS ORDERED:
1.

Proposed Plaintiff-Intervenor Asarco LLC’s Motion to Intervene (filing 70) is denied
without prejudice to reassertion;

2.

Proposed Plaintiff-Intervenors Asarco Incorporated and Asarco LLC’s Amended
Motion to Intervene (filing 91) is denied without prejudice to reassertion;

3.

Proposed Plaintiff-Intervenors Asarco LLC’s and Asarco Incorporated’s Motion to
File Supplemental Reply-Brief and Supplemental Index of Evidence in Support of
Amended Motion to Intervene (filing 104) is denied without prejudice to reassertion.

DATED July 12, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge