Royal Bank of Canada v. Central Plains Energy Project

Filing 29

ORDER granting 28 Stipulation. The deadlines and dates contained in paragraphs 2, 4, 6, 8, 9 and 11 of the Final Progression Order are stayed until a new Progression Order is entered by the Court. The parties shall maintain the status quo duri ng the pendency of the above-captioned matter by continuing their respective performances under the terms of the Prepaid Natural Gas Purchase and Sale Agreement (the "Prepaid Agreement") and all related agreements. Ordered by Senior Judge Lyle E. Strom. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROYAL BANK OF CANADA,
Plaintiff and CounterDefendant,
v.
CENTRAL PLAINS ENERGY PROJECT,
Defendant and
Counter-Plaintiff.

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CASE NO. 8:14-CV-00028
ORDER CONTINUING
PROGRESSION OF CASE AND
ORDER MAINTAINING STATUS QUO
REGARDING DELIVERIES OF
NATURAL GAS

This matter is before Court on the Stipulation and Joint Motion to
Continue Progression of the Case and for an Order Maintaining the Status Quo
Regarding Deliveries of Natural Gas (Filing No. 28). Upon consideration of said
motion, the Court finds it should be granted. Accordingly,
ORDER CONTINUING PROGRESSION OF CASE
The deadlines and dates contained in paragraphs 2, 4, 6, 8, 9 and
11 of the Final Progression Order are stayed until a new Progression Order is
entered by the Court.
ORDER MAINTAINING STATUS QUO
REGARDING DELIVERIES OF NATURAL GAS
IT IS HEREBY ORDERED:
1) That the parties shall maintain the status quo during the
pendency of the above-captioned matter by continuing their respective
performances under the terms of the Prepaid Natural Gas Purchase and Sale
Agreement (the “Prepaid Agreement”) and all related agreements. Plaintiff and

Counter-Defendant, Royal Bank of Canada (“RBC”), and Defendant and
Counter-Plaintiff Central Plains Energy Project (“CPEP”) accordingly shall
continue to “Schedule” “Gas” as provided in Exhibit A of the Prepaid
Agreement, until January 1, 2015, or the matter is otherwise dismissed by the
Court upon motion of both parties;
2) This Order is without prejudice to the respective legal positions
of RBC and CPEP regarding any of the issues in the above-captioned matter
and shall not constitute a waiver of any contractual, statutory or common law
rights of the respective parties; and
3) For purposes of this Order terms appearing in quotations are
terms defined by the Prepaid Agreement, which definitions shall apply unless
otherwise modified by this Order.
DATED this 3rd day of October, 2014.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court

4842-5762-4861, v. 2

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