Wisconsin Resources Protection Council, Inc. et al v. Flambeau Mining Company, Inc.

Filing 253

ORDER: At the close of plaintiffs' case at trial, defendant moved for judgment as a matter of law, contending that plaintiffs had not met their burden to prove that defendant had violated the Clean Water Act. I reserved a ruling on the motion until after the trial had concluded. At that time I gave plaintiffs a week to respond to defendant's motion; they submitted a timely brief. Neither side indicated that any additional briefing was necessary so I have assumed that the matter stands ready for decision on the merits. Before proceeding, however, I want to be sure that my assumption is shared by the parties. They may have until July 12, 2012. Signed by District Judge Barbara B. Crabb on 7/3/2012. (voc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WISCONSIN RESOURCES PROTECTION COUNCIL, CENTER FOR BIOLOGICAL DIVERSITY and LAURA GAUGER, ORDER Plaintiffs, 11-cv-45-bbc v. FLAMBEAU MINING COMPANY, Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - At the close of plaintiffs’ case at trial, defendant moved for judgment as a matter of law, contending that plaintiffs had not met their burden to prove that defendant had violated the Clean Water Act. I reserved a ruling on the motion until after the trial had concluded. At that time I gave plaintiffs a week to respond to defendant’s motion; they submitted a timely brief. Neither side indicated that any additional briefing was necessary so I have assumed that the matter stands ready for decision on the merits. Before proceeding, however, I want to be sure that my assumption is shared by the parties. They may have until July 12, 2012 1 to respond. Entered this 3d day of July, 2012. BY THE COURT: /s/ BARBARA B. CRABB District Judge 2

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