Widtfeldt et al v. Johanns et al

District of Nebraska, ned-8:2005-cv-00049

MEMORANDUM AND ORDER - that plaintiff's {{49}} Motion for New Trial, Amendment of Judgment is denied; and the Clerk of Court is directed to send a copy of this Memorandum and Order to plaintiff at his last known address. Ordered by Judge Joseph F. Bataillon. (copy of Order sent to plaintiff at James Widtfeldt and James Widtfeldt Trust at P.O. Box 877Atkinson, NE 68713-0877)

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8:05-cv-00049-JFB-PRSE Doc # 52 Filed: 01/04/07 Page 1 of 1 - Page ID # 1157 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES WIDTFELDT, and JAMES) WIDTFELDT TRUST,)) Plaintiffs,) 8:05CV49) v.)) MICHAEL JOHANNS, in his capacity as) MEMORANDUM AND ORDER Secretary of the United States) Department of Agriculture, UNITED) STATES DEPARTMENT OF) AGRICULTURE, MONTE FLETCHER, in) his official capacity as Holt County) Executive Director of the United States) Farm Service Agency, an Agency of the) United States Department of Agriculture,) RICHARD KILMURRY, BONNY) KILMURRY, HILGER BROTHERS) PARTNERSHIP, GARY A. BURIVAL,) JOYCE A. BURIVAL, and EDWIN) BURIVAL,)) Defendants.)) This matter is before the court on plaintiff James Widtfeldt's Motion for a New Trial, Amendment of Judgment (Filing No. 49). Because there was never a trial in this case, the court presumes that plaintiff meant to file his motion as a motion for reconsideration. The court has carefully reviewed plaintiff's motion and Affidavit (Filing No. 50) and concludes that the motion to reconsider is without merit. Therefore, plaintiff's motion is denied. IT IS ORDERED: 1. That plaintiff's motion for a New Trial, Amendment of Judgment (Filing No. 49) is denied; and 2. The Clerk of Court is directed to send a copy of this Memorandum and Order to plaintiff at his last known address. DATED this 4th day of January, 2007. BY THE COURT: s/Joseph F. Bataillon JOSEPH F. BATAILLON United States District Judge