Farrar & Farrar Dairy, Inc. v. Miller-St. Nazianz, Inc. et al

Filing 197

ORDER denying 191 Motion for Reconsideration. Signed by Chief Judge James C. Dever III on 5/1/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:06-CV-160-D

FARRAR & FARRAR DAIRY, INC.,
and FARRAR & FARRAR FARMS,
a North Carolina general partnership,
Plaintiffs,

v.

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MILLER-ST. NAZIANZ, INC.,
Defendant.

ORDER

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On March 16, 2012, plaintiffs filed a motion for reconsideration or, in the alternative, to stay
proceedings pending appeal [D.E. 191]. On April 6, 2012, defendant responded in opposition [D.E.
193]. On Apri120, 2012, plaintiffs replied [D.E. 194].
On April 27, 2012, the United States Court of Appeals for the Fourth Circuit affirmed this
court's decision to enter summary judgment for defendant. See Farrar & Farrar Farms v. Miller-St.
Nazianz, Inc., No. 11-1427,2012 WI.. 1450426 (4th Cir. Apr. 27, 2012) (percuriam)(unpublished).
Thus, the motion to stay proceeding pending appeal is DENIED as moot. As for the motion for
reconsideration, it lacks merit. Accordingly, the motion [D.E. 191] is DENIED.
SO ORDERED. This -Lday of May 2012.

J
SC.DEVERill
Chief United States District Judge