IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 17, 2007
BPI ENERGY, INC., PLAINTIFF,
IEC (MONTGOMERY), LLC, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is plaintiff BPI Energy's motion for leave to file a second amended complaint to address standing and pleading deficiencies raised by the defendants and the Court, and to add claims. (Doc. 26). No objection has been lodged.
IT IS THEREFORE ORDERED that plaintiff's motion to file a second amended complaint (Doc. 26) is GRANTED. Plaintiff shall file its second amended complaint on or before July 27, 2007.
IT IS FURTHER ORDERED that the following motions are rendered moot:
1. The defendants' motion to dismiss plaintiff's amended complaint (Doc. 23); and
2. Plaintiff's motion for an extension of time to respond to defendants' motion to dismiss (Doc. 27).
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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