UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
March 23, 2009
UNITED STATES OF AMERICA
ATLANTIC STATES CAST IRON PIPE COMPANY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Mary L. Cooper United States District Judge
ORDER ON MOTION 744 AND NOTICE
This matter being opened to the Court on motion of the United States, seeking certain relief under the Crime Victims' Rights Act, 18 U.S.C. § 3771; and defendants having submitted opposition; and the Court having considered the briefs of the parties and having conducted oral argument; and for the reasons stated in the Memorandum Opinion filed herewith,
IT IS on this 23rd day of March, 2009,
ORDERED that the motion (docket entry no. 744) is MOOT as to scheduling sentencing dates; and the balance of the relief requested is DENIED.
NOTICE IS HEREBY PROVIDED that where, as here, any relief sought in this motion has been denied by the district court, the movant may petition the court of appeals for a writ of mandamus pursuant to 18 U.S.C. § 3771(d)(3); and where the government is the movant, it may also assert as error on appeal, pursuant to 18 U.S.C. § 3771(d)(4), the district court's denial of such relief.
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