McClung et al v. Masset et al

Filing 23

ORDER denying 2 Motion for TRO as moot. The preliminary injunction hearing scheduled for August 21, 2013 is cancelled. Signed by Judge Kristine G. Baker on 8/19/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOHN AND KIM McCLUNG,
v.

PETITIONERS

Case No. 1:13-cv-00044-KGB

GLEN A. MASSET, COLONEL, in his official
capacity as District Engineer, Little Rock District,
U.S. ARMY CORPS OF ENGINEERS;
and the U.S. DEPARTMENT OF THE ARMY,

RESPONDENTS

ORDER
Before the Court is petitioners’ motion for temporary restraining order to stay final
agency action (Dkt. No. 2). The Court opted to treat petitioners’ motion as a request for a
preliminary injunction and set a preliminary injunction hearing on August 21, 2013 (Dkt. Nos. 4,
7). The parties subsequently filed a notice of their agreement to stay implementation of the final
agency action, which resolves petitioners’ request for a preliminary injunction (Dkt. No. 12). In
view of the parties’ agreement, petitioners’ motion for temporary restraining order is denied as
moot (Dkt. No. 2).

The preliminary injunction hearing scheduled for August 21, 2013 is

canceled.
SO ORDERED this the 19th day of August, 2013.

__________________________________
Kristine G. Baker
United States District Judge