Opinion
Case No.: 1:12-cv-00809-RJT
02-04-2013
RENEWABLE LAND, LLC, et al. v. RISING TREE WIND FARM LLC, et al.
ATTORNEYS PRESENT FOR PLAINTIFFS: None ATTORNEYS PRESENT FOR DEFENDANTS: None
CIVIL MINUTES - GENERAL
PRESENT:
THE HONORABLE ROBERT J. TIMLIN, JUDGE
+-------------------------------+ ¦Patricia Gomez ¦None ¦ +----------------+--------------¦ ¦Courtroom Clerk ¦Court Reporter¦ +-------------------------------+
ATTORNEYS PRESENT FOR PLAINTIFFS:
None
ATTORNEYS PRESENT FOR DEFENDANTS:
None
PROCEEDINGS: (IN CHAMBERS) ORDER GRANTING DEFENDANT-COUNTERCLAIMANT RISING TREE WIND FARM LLC'S EX PARTE APPLICATION
Having considered the ex parte application of Defendant-Counterclaimant Rising Tree Wind Farm LLC and the opposition of Plaintiffs-Counterdefendants Renewable Land LLC, et al., the court finds that Defendant-Counterclaimants have demonstrated that they will suffer irreparable prejudice if they are required to oppose the motion for summary judgment filed by Plaintiffs-Counterdefendants prior to the court conducting a mandatory scheduling conference and discovery commencing. Therefore, good cause having been shown for the relief requested therein, the ex parte application is GRANTED. The hearing on Plaintiffs-Counterdefendants' motion for partial summary judgment (Docket No. 32) is vacated, and the motion is stricken without prejudice. Plaintiffs-Counterdefendants may refile the motion in accordance with the schedule set by the court at the scheduling conference.
The court will issue a ruling on the motion to dismiss and file an order setting the scheduling conference no later than Tuesday, February 12, 2013.
IT IS SO ORDERED.