Buchanan et al v. Simplot Feeders LLC et al

Filing 157

ORDER denying 147 Motion for Entry of Judgment under Rule 54(b) and Modifying Order on Motion for Summary Judgment. Defendant Tyson Fresh Meat, Inc. is reinstated in this matter. Signed by Judge Thomas O. Rice. (BF, Paralegal)

Case 4:19-cv-05209-TOR

ECF No. 157

filed 11/17/22

PageID.4393 Page 1 of 3

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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RANDY BUCHANAN and DONNA
BUCHANAN, individuals,

NO. 4:19-CV-5209-TOR

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Plaintiffs,
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v.

ORDER MODIFYING ORDER ON
MOTION FOR SUMMARY
JUDGMENT

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SIMPLOT FEEDERS, LLC, an Idaho
limited liability company; and
TYSON FRESH MEATS, INC., a
Delaware corporation,

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Defendants.

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BEFORE THE COURT are Defendant Tyson Fresh Meat, Inc.’s (“Tyson”)

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Motion for Entry of Judgment (ECF No. 147) and Plaintiffs’ Memorandum in

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Opposition (ECF No. 156). These matters were submitted for consideration

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without oral argument. The Court has reviewed the record and files herein and is

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fully informed. For the reasons outlined in Plaintiffs’ memorandum the Motion for

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Entry of Judgment (ECF No. 147) is denied.

ORDER MODIFYING ORDER ON MOTION FOR SUMMARY JUDGMENT ~ 1

Case 4:19-cv-05209-TOR

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ECF No. 157

filed 11/17/22

PageID.4394 Page 2 of 3

Because Tyson only sought partial summary judgment on the issue of noise

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and flies, not on dust and odors, the Court reinstates Tyson as a Defendant in this

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case.

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Currently pending is a Motion for Summary Judgment by Simplot Feeders.

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ECF No. 141. Pursuant to the Third Amended Scheduling Order, a Jury Trial is

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currently scheduled for December 5, 2022, in Spokane. The Court is vacating the

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trial pending the disposition of the pending motion(s) for summary judgment.

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Because the remaining claims against Tyson overlap the claims against Simplot,

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the Court will allow Tyson to file a motion for summary judgment within the next

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8 days.

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ACCORDINGLY, IT IS SO ORDERED.

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1. The Clerk of Court is ordered to reinstate Defendant Tyson Fresh Meat,
Inc.’s as a Defendant in this matter.
2. Defendant Tyson Fresh Meat, Inc.’s Motion for Entry of Judgment, ECF
No. 147, is DENIED.
3. Defendant Tyson Fresh Meat, Inc.’s may file a motion for summary

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judgment by November 25, 2022. Response to said motion is due no

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later than December 9, 2022. The optional Reply is due by December

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16, 2022.

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ORDER MODIFYING ORDER ON MOTION FOR SUMMARY JUDGMENT ~ 2

Case 4:19-cv-05209-TOR

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ECF No. 157

filed 11/17/22

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4. The Jury Trial is currently scheduled for December 5, 2022, in Spokane,
is VACATED until further order of the Court.
The District Court Executive is directed to enter this Order and furnish
copies to counsel.
DATED November 17, 2022.

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THOMAS O. RICE
United States District Judge

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ORDER MODIFYING ORDER ON MOTION FOR SUMMARY JUDGMENT ~ 3