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Nu-West Mining, Inc. and v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


April 20, 2011

NU-WEST MINING, INC. AND NU-WEST INDUSTRIES, INC.,
PLAINTIFFS/COUNTERCLAIM DEFENDANTS
v.
UNITED STATES OF AMERICA, DEFENDANT/COUNTERCLAIMANT.

The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court

ORDER

The United States has filed a motion seeking leave of this Court to file an Amended Response to Plaintiffs' Motion for Partial Summary Judgment on the United States' Claimed Attorneys' Fees and Legal Costs ("The United States' Amended Response"). The United States' proposed Amended Response to Plaintiffs' Motion for Partial Summary Judgment on Attorneys' Fees and Legal Costs, and the United States Amended Statement of Undisputed Material Facts in Response to Plaintiffs' Motion for Partial Summary Judgment on Attorneys' Fees and Costs were filed by the United States as attachments to its Motion for Leave. Plaintiffs do not oppose the United States' Motion for Leave.

The image of a document filed on CM/ECF cannot be removed. However, the document can be declared a nullity and sealed, and an amended document can be filed. The Court will take that course.

Finding good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED, that the United States' Motion for Leave (docket no. 98) is GRANTED.

IT IS FURTHER ORDERED, that the Response of the United States to Plaintiffs' Motion for Partial Summary Judgment on the United States' Claimed Attorneys' Fees and Legal Costs (docket no. 96) and Statement of Material Facts (docket no. 97) are declared a NULLITY, and the Clerk is directed to SEAL both documents.

IT IS FURTHER ORDERED, that the Clerk shall file the (1) Amended Response and (2) Amended Statement of Undisputed Material Facts, attached as Exhibits 1 and 2 to the Motion (docket no. 98).

IT IS FURTHER ORDERED, that plaintiffs shall file their reply brief to the United State's Amended Response Brief (being ordered filed in this Order) on or before May 5, 2011.

20110420

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