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 )

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.

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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withdrawn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

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