Opinion
No. 08-CR-1324-LRR.
November 19, 2009
ORDER
The matter before the court is the government's "Motion for Leave to Dismiss Without Prejudice" ("Motion") (docket no. 745). In the Motion, the government asks for leave to dismiss Counts 1-72 and the Forfeiture Allegation in the Seventh Superseding Indictment (docket no. 544) against Defendants Sholom Rubashkin and Agriprocessors, Inc. Defendants Rubashkin and Agriprocessors, Inc. do not resist the Motion.
For the reasons stated in the Motion, the Motion is GRANTED. Counts 1-72 of the Seventh Superseding Indictment against Defendants Rubashkin and Agriprocessors, Inc., as well as the forfeiture allegation, are DISMISSED WITHOUT PREJUDICE. The charges in the Seventh Superseding Indictment against Defendant Brent Beebe are not affected by the instant Order.
IT IS SO ORDERED.