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14-2399 - City of Eudora, Kansas v. Rural Water District No. 4, Douglas County, Kansas


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14-2399 - City of Eudora, Kansas v. Rural Water District No. 4, Douglas County, Kansas
April 29, 2015
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MEMORANDUM AND ORDER Denying 14 Motion to Dismiss. Signed by District Judge Julie A. Robinson on 04/29/2015. (sv)
March 23, 2016
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MEMORANDUM AND ORDER - This matter is before the Court on the parties' Cross- Motions for Summary Judgment (Docs. 25, 28). The Court directs the parties to submit supplemental briefs addressing the issue of whether this Court has Article III jurisdiction. IT IS THEREFORE ORDERED BY THE COURT that the parties shall file supplemental briefs on the jurisdictional issues as follows: Plaintiff Eudora shall file its brief within twenty-one (21) days of the date of this Order; Defendant Douglas-4 shall file its response within twenty-one (21) days of Eudora's brief; Eudora may file a reply brief within fourteen (14) days of Douglas-4's response. See Order for additional details. Signed by District Judge Julie A. Robinson on 3/23/16. (kao)
September 29, 2016
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MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED BY THE COURT that Plaintiff the City of Eudora's Motion for Summary Judgment (Doc. 25) is GRANTED in part on the issue of whether Defendant is entitled to protection under 7 U.S.C. § 1926(b) as claimed in Count II; the Court denies summary judgment on the res judicata issue in Count I, and does not reach the issue in Count III; while Eudora may proceed accordingly to transition water services under Kansas lawwithout violating 7 U.S.C. § 1926(b), the Court declines to reach the issue of whether Eudora should proceed under K.S.A. 12-527 or 12-541. IT IS FURTHER ORDERED that Defendant Rural Water District No. 4's Motion for Summary Judgment (Doc. 28) is DENIED; IT IS FURTHER ORDERED that Plaintiff's Motion to Strike Defendant's England Reservation (Doc. 44) is DENIED as moot. Signed by District Judge Julie A. Robinson on 9/29/2016. (hl)