Running Horse, LLC v. Rodenbough Trucking & Excavating, Inc. et al

Filing 186

ORDER vacating 184 Order by Magistrate Judge Charles S. Miller, Jr. (ZE) Distributed on 8/10/2017 (cd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Running Horse, LLC,

)
)
Plaintiff,
)
)
ORDER
v.
)
)
Rodenbough Trucking & Excavating, Inc.; )
Jessie Rodenbough; Matthew Rodenbough; )
Christine Boulter; and Unleashed
)
Performance Labs, Inc., Jim Boulter,
)
)
Case No.: 1:16-cv-35
Defendants,
)
)
Rodenbough Trucking & Excavating, Inc.; )
Jessie Rodenbough; Matthew Rodenbough; )
and Unleashed Performance Labs, Inc.,
)
)
Third-Party Plaintiffs,
)
)
v.
)
)
Tesha Fredericks; Joshua P. Jacobson; Paul )
Fredericks, Jr., and Payden Sorenson,
)
)
Third-Party Defendants.
)
__________________________________________________________________________
On August 8, 2017, the court entered an order directing Rodenbough Trucking & Excavating,
Inc. (“RTE”) and Unleashed Performance Labs, Inc. (“UPL”) to respond to the Motion to Compel
(Doc. No. 146) filed by Third-Party Defendant Tesha Fredericks. (Doc. No. 184). The court entered
this order prior to receiving information that Jessie Rodenbough and Matthew Rodenbough, who
have ownership interests in UPL and RTE to some extent, have filed for Chapter 7 bankruptcy in
Idaho. (Doc. No. 185). In light of this development, and the Order to Show Cause filed
contemporaneously herewith, the court VACATES its Order (Doc. No. 184). UPL and RTE are not
required to file a reply to the Motion to Compel within thirty (30) days as previously directed.

IT IS SO ORDERED.
Dated this 10th day of August, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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