Thiele Dairy v. Earthsoils, et al, No. 4:2008cv03015 - Document 73 (D. Neb. 2008)
Court Description: ORDER - 1. Defendants' motion to dismiss counterclaim (filing 68 ) is granted; 2. Defendants' counterclaim (filing 17 ) is dismissed without prejudice; 3. The motion for summary judgment (filing 53 ) filed by Plaintiff with regard to Defendants' counterclaim is denied as moot; 4. Final judgment will be withheld until all claims in this matter are resolved. Ordered by Judge Richard G. Kopf. (JAB)
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Thiele Dairy v. Earthsoils, et al Doc. 73 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THIELE DAIRY, LLC, A Nebraska Limited Liability Company, Plaintiff, V. EARTHSOILS, Inc., a Minnesota Corporation, and MIKE A. MCCORMACK, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) 4:08CV3015 ORDER This matter is before the court on Defendants’ motion to dismiss the counterclaim (filing 68) that they asserted against Plaintiff in this case (filing 17). I shall grant the motion. IT IS ORDERED: 1. Defendants’ motion to dismiss counterclaim (filing 68) is granted; 2. Defendants’ counterclaim (filing 17) is dismissed without prejudice; 3. The motion for summary judgment (filing 53) filed by Plaintiff with regard to Defendants’ counterclaim is denied as moot; 4. Final judgment will be withheld until all claims in this matter are resolved. December 17, 2008. BY THE COURT: s/Richard G. Kopf United States District Judge Dockets.Justia.com
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