Clinch v. Cargill et al

District of Nebraska, ned-8:2005-cv-00371

ORDER granting plaintiff's motion to strike {{47}} ; the motion to dismiss {{46}} shall be stricken because it failed to identify the correct defendant in the caption. Plaintiff's Motion to Dismiss {{48}} is granted; this action is dismissed with prejudice, each party to pay its own costs. Ordered by Judge Lyle E. Strom.

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8:05-cv-00371-LES-TDT Doc # 49 Filed: 02/07/07 Page 1 of 1 - Page ID # 268 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DANIEL CLINCH,)) Plaintiff,) 8:05CV371) v.)) CARGILL INCORPORATED, a) ORDER Delaware corporation, and) COMMONWEALTH ELECTRIC) COMPANY, a Nebraska) corporation,)) Defendants.) ______________________________) This matter is before the Court on plaintiff's motion to strike (Filing No. 47) and motion to dismiss with prejudice (Filing No. 48). Pursuant thereto, IT IS ORDERED: 1) Plaintiff's motion to strike (Filing No. 47) is granted; the motion to dismiss (Filing No. 46) shall be stricken because it failed to identify the correct defendant in the caption. 2) Plaintiff's motion to dismiss (Filing No. 48) is granted; this action is dismissed with prejudice, each party to pay its own costs. DATED this 7th day of February, 2007. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court