Opinion
2011-1629 2011-1630 2011-1631
02-07-2012
DEERE & COMPANY, Plaintiff-Appellant, v. BUSH HOG, LLC, Defendant-Cross Appellant, AND GREAT PLAINS MANUFACTURING INCORPORATED, Defendant-Cross Appellant.
NOTE: This order is nonprecedential.
Appeals from the United States District Court for the Southern District of Iowa in case no. 09-CV-0095, Senior Judge Charles R. Wolle.
ON MOTION
ORDER
Deere & Company move without opposition to withdraw Richard L. Rainey as principal counsel and to substitute Roderick R. McKelvie as principal counsel. Bush Hog, LLC and Great Plains Manufacturing Incorporated (Bush Hog) move to strike non-record material that Deere & Company had designated for inclusion in the joint appendix. Deere & Company respond stating that they will file a corrected brief by January 27, 2012 that does not cite the non-record material and will not include such material in the appendix. Bush Hog replies stating that in light of Deere & Company's response the motion to strike is moot and asks that the motion be withdrawn.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to substitute counsel is granted.
(2) The motion to strike is withdrawn.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Richard L. Rainey, Esq.
Roderick R. McKelvie, Esq.
Craig C. Martin, Esq.
Scott R. Brown, Esq.
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