Babb et al v. Lee County Landfill SC LLC et al

Filing 323

ORDER dismissing all damages claims with prejudice and notifying parties the court will issue further directives regarding scheduling of the injunction proceedings. Signed by Honorable Joseph F Anderson, Jr on 11/01/2013. (bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Perrin Babb, Debbie Babb, Wayne Elstrom, Sarah Elstrom, Alan Jackson, and Kathy Jackson, Plaintiffs, vs. Lee County Landfill SC, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) C/A No.: 3:10-cv-01724-JFA ORDER The court has been notified by the parties that all the damages claims have settled without admission of liability by stipulation filed with this court. See ECF Nos. 320, 322. All damages claims are dismissed without entry of judgment or ruling on the post-trial motions. The post-trial motions now are moot and all of the plaintiffs’ damages claims hereby are dismissed with prejudice. The settlement of the damages claims shall not affect the pending claim for injunction. This court will issue further directives regarding scheduling of the injunction proceedings, including a briefing schedule for the defendant’s argument that the plaintiffs’ injunction claim is pre-empted. IT IS SO ORDERED. November 1, 2013 Columbia, South Carolina Joseph F. Anderson, Jr. United States District Judge 1

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