Filed: Sep. 12, 2014
Latest Update: Sep. 12, 2014
Summary: STIPULATION AND ORDER DISMISSING CASE WITHOUT PREJUDICE MORRISON C. ENGLAND, Jr., Chief District Judge. Whereas, on January 9, 2013, Plaintiff Yuba County Water Agency ("Plaintiff") filed its Complaint in this action against Federal Defendants National Marine Fisheries Service; United States Department of Commerce; Penny Pritzker, in her official capacity as Secretary of Commerce; 1 William Stelle, in his official capacity as Administrator for National Marine Fisheries Service's newly created
Summary: STIPULATION AND ORDER DISMISSING CASE WITHOUT PREJUDICE MORRISON C. ENGLAND, Jr., Chief District Judge. Whereas, on January 9, 2013, Plaintiff Yuba County Water Agency ("Plaintiff") filed its Complaint in this action against Federal Defendants National Marine Fisheries Service; United States Department of Commerce; Penny Pritzker, in her official capacity as Secretary of Commerce; 1 William Stelle, in his official capacity as Administrator for National Marine Fisheries Service's newly created ..
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STIPULATION AND ORDER DISMISSING CASE WITHOUT PREJUDICE
MORRISON C. ENGLAND, Jr., Chief District Judge.
Whereas, on January 9, 2013, Plaintiff Yuba County Water Agency ("Plaintiff") filed its Complaint in this action against Federal Defendants National Marine Fisheries Service; United States Department of Commerce; Penny Pritzker, in her official capacity as Secretary of Commerce;1 William Stelle, in his official capacity as Administrator for National Marine Fisheries Service's newly created West Coast Region;2 United States Army Corps of Engineers; Lietenant General Thomas P. Bostick, in his official capacity as Commanding General, of U.S. Army Corps of Engineers; and Colonel Michael Farrell,3 in his official capacity as District Commander, Sacramento District, U.S. Army Corps, of Engineers (collectively, "Federal Defendants");
Whereas, on May 25, 2013, the Court granted the motions to intervene of Plaintiff-Intervenors State Water Contractors; Nevada Irrigation District; Pacific Gas and Electric Company; Brophy Water District; and Hallwood Irrigation Company (collectively, "Plaintiff-Intervenors") (ECF No. 49);
Therefore, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides that an action may be dismissed by plaintiffs without order of court by filing a stipulation of dismissal signed by all parties who have appeared in the action, Federal Defendants, Plaintiff, and Plaintiff-Intervenors, by and through their attorneys, hereby stipulate that this action shall be, and is, dismissed without prejudice.
The dismissal shall be as to all claims in Yuba County Water Agency's Complaint for Declaratory and Injunctive Relief, ECF No. 1; State Water Contractors' Complaint in Intervention, ECF No. 38; Nevada Irrigation District's Complaint in Intervention, ECF No. 50; Pacific Gas and Electric Company's Complaint for Declaratory and Injunctive Relief, ECF No. 51; and Brophy Water District and Hallwood Irrigation Company's Complaint in Intervention, ECF No. 54.
Each party shall bear its own fees and costs in connection with this action. Respectfully submitted this 10th day of September, 2014.
ORDER
The Court having read and considered the foregoing stipulation (ECF No. 83), pursuant to Federal Rule of Civil Procedure 41 this case is DISMISSED without prejudice. Each party shall bear its own fees and costs in connection with this action. The clerk shall administratively CLOSE this file.
IT IS SO ORDERED.
