United States v. Henningsen Foods, Inc.
This text of United States v. Henningsen Foods, Inc. (United States v. Henningsen Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA, and STATE OF NEBRASKA, Plaintiffs, 8:20-CV-269
vs. MEMORANDUM AND ORDER HENNINGSEN FOODS, INC., Defendant.
This matter is before the Court on the United States of America’s Unopposed Motion to Enter Consent Decree (Filing 4). The United States and State of Nebraska ask the Court to adopt, sign, and enter the parties’ stipulated Consent Decree (Filing 2-1) and related appendices (Filing 2-2; Filing 2-3; Filing 2-4). “Consent decrees should: spring from—and serve to resolve—a dispute within the court’s subject-matter jurisdiction; come within the general scope of the case from the pleadings; and, further the objectives of the law on which the complaint was based.” E.E.O.C. v. Prod. Fabricators, Inc., 666 F.3d 1170, 1172 (8th Cir. 2012) (citing Local No. 93, Int’l Ass’n of Firefighters, AFL-CIO C.L.C. v. City of Cleveland, 478 U.S. 501, 525, 106 S. Ct. 3063, 92 L. Ed. 2d 405 (1986)). “When reviewing a proposed consent decree, the trial court is to review the settlement for fairness, reasonableness, and adequacy.” Id. (quoting United States v. Metro. St. Louis Sewer Dist. (MSD), 952 F.2d 1040, 1044 (8th Cir. 1992)). Here, the Court has reviewed the proposed Consent Decree (Filing 2-1), along with the related appendices (Filing 2-2; Filing 2-3; Filing 2-4), and finds the Consent Decree to be fair, reasonable, and adequate in its resolution of the allegations raised in the Complaint (Filing 1) and its protection of federal interests. Thus, IT IS ORDERED: 1. Plaintiff United States of America’s Unopposed Motion to Enter Consent Decree (Filing 4) is granted; 2. The Consent Decree, constituting a final judgment for the purposes of Fed. R. Civ. P. 54 and 58, will be separately entered on this date; and 3. The Clerk of the Court shall terminate this case for statistical purposes.
Dated this 19th day of August, 2020. BY THE COURT: ip C. Buescher United States District Judge
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