Empire State Ethanol and Energy, LLC v. BBI International et al
Filing 106
MEMORANDUM-DECISION AND ORDER. ORDERED that BBI and Mike Bryan's 90 motion to confirm the arbitration award is GRANTED; and it is further ORDERED that BBI and Bryan's 90 motion to be dismissed from this action is DENIED with leave to r enew upon satisfaction of the arbitration award; and it is further ORDERED that Jeff Kistner's 91 motion for summary judgment is DENIED; and it is further ORDERED that the stay is LIFTED; and it is further ORDERED that Empire's 71 motio n for leave to file a second amended complaint is TERMINATED and Empire may refile its motion to amend; and it is further ORDERED that this matter is hereby referred to Magistrate Judge Randolph F. Treece for further proceedings. Signed by Judge Gar y L. Sharpe on 1/25/2011. (Motions terminated: 91 MOTION for Summary Judgment filed by Jeff Kistner, 71 MOTION for Leave to File Second Amended Complaint filed by Empire State Ethanol and Energy, LLC, 90 MOTION to Confirm Arbitration Award filed by BBI International, Mike Bryan.) (dpk)
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