United States District Court for the District of Columbia
January 6, 2005.
HOLLY SUGAR CORPORATION, et al., Plaintiffs,
ANN M. VENEMAN, SECRETARY, U.S. DEPARTMENT OF AGRICULTURE, et al., Defendants.
The opinion of the court was delivered by: REGGIE B. WALTON, District Judge
Upon consideration of the Plaintiffs' Emergency Motion to Alter
or Amend this Court's September 15, 2001 Order and accompanying
Memorandum Opinion, it is hereby this 6th day of January, 2005
ORDERED that the plaintiffs' Emergency Motion to Alter or
Amend is GRANTED. It is further
ORDERED that this Court's Order and Memorandum Opinion dated
September 15, 2004 and located at 335 F. Supp. 2d 100 are hereby
VACATED. It is further
ORDERED that the defendants' motion to dismiss is DENIED
and the plaintiffs' motion for summary judgment on counts one,
two, and three is GRANTED. It is further
ORDERED that the parties shall confer and submit a joint
stipulation by February 7, 2005, as to the amount of
reimbursement the plaintiffs are entitled to recover based upon
this Order and accompanying Amended Memorandum Opinion. If the
parties are unable to submit a joint stipulation, each party
shall submit a statement setting forth their respective position
by February 7, 2005. These individual statements shall include the
calculations that explain how the parties reached their
respective positions. Each party may file a response to the
opposing party's statement by February 18, 2005.
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