CITY OF DARDANELLE v. DEPARTMENT OF TRANSPORTATION, 4:14-cv-98-DPM. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20160111b02
Visitors: 19
Filed: Dec. 22, 2015
Latest Update: Dec. 22, 2015
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. The federal defendants' motion to strike is granted with a caveat — they have pledged to consider No. 71-2 in the reevaluation. No. 74-3 at 14. The Court directs that those comments be made part of the supplemental administrative record and considered. 2. Plaintiffs' motion to lift the stay, No. 79, is denied without prejudice. The Court notes, though, that a final decision has been promised for many months. E.g., No 66 at 1. The C
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . 1. The federal defendants' motion to strike is granted with a caveat — they have pledged to consider No. 71-2 in the reevaluation. No. 74-3 at 14. The Court directs that those comments be made part of the supplemental administrative record and considered. 2. Plaintiffs' motion to lift the stay, No. 79, is denied without prejudice. The Court notes, though, that a final decision has been promised for many months. E.g., No 66 at 1. The Co..
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ORDER
D.P. MARSHALL, Jr., District Judge.
1. The federal defendants' motion to strike is granted with a caveat — they have pledged to consider No. 71-2 in the reevaluation. No. 74-3 at ¶ 14. The Court directs that those comments be made part of the supplemental administrative record and considered.
2. Plaintiffs' motion to lift the stay, No. 79, is denied without prejudice. The Court notes, though, that a final decision has been promised for many months. E.g., No 66 at 1. The Court expects defendants to meet their new January 2016 internal deadline. No. 80-1 at 3. The plaintiffs' last-minute comments have added to the delay; but it's time nonetheless to move this dispute forward.
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Motion, No. 74, granted with a caveat: No. 71, 71-1 & 71-2 are stricken; but the federal defendants must include No. 71-2 in the supplemental administrative record and consider those comments. Motion to lift stay, No. 79, denied without prejudice.
So Ordered.
Source: Leagle
