Aurora Cooperative Elevator Company v. The Cooperative Finance Association, Inc.

Filing 84

ORDER - IT IS ORDERED: Plaintiff Aurora Cooperative Elevator Company's request for leave to file a Supplemental Brief (Filing No. 79 ) is granted. Ordered by Senior Judge Lyle E. Strom. (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA AURORA COOPERATIVE ELEVATOR COMPANY, a Nebraska corporation, Plaintiff, v. COOPERATIVE FINANCE ASSOCIATION, INC., The, a Kansas and Missouri corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8:10CV294 ORDER This matter is before the Court upon plaintiff Aurora Cooperative Elevator Company’s (“Aurora Cooperative”)request for leave to file a Supplemental Brief (Filing No. 79)in Opposition to defendant’s Motion to Exceed Interrogatory Limit (Filing No. 62) pursuant to NECivR 7.0.1(c). Aurora Cooperative’s Proposed Supplemental Brief is attached to Filing No. 79 as Exhibit A. Aurora Cooperative claims defendant raised a new issue in its Reply Brief (Filing No. 72) when it proposed that it be allowed to withdraw a number of interrogatories already served and that the number of interrogatories allowed by defendant be calculated by excluding the withdrawn interrogatories. Aurora contends such is a violation of Fed. R. Civ. P. 33(a). Cooperative Defendant failed to file a response to this motion by the response date of June 27, 2011. The Court finds it is in the interests of justice to allow Aurora Cooperative to respond to this new issue raised in defendant’s Reply Brief. IT IS ORDERED: Plaintiff Aurora Cooperative Elevator Company’s request for leave to file a Supplemental Brief (Filing No. 79) is granted. DATED this 29th day of June, 2011. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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