San Diego Navy Broadway Complex Coalition v. U.S. Department of Defense et al

Filing 65

ORDER granting 64 joint Motion for Dismissal without prejudice as moot. Signed by Judge Jeffrey T. Miller on 8/13/09. (tkl) (av1).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS MATTER having come before the Court on the parties' Stipulation and Joint Motion for Dismissal dated August 13, 2009, and the Court being fully advised in the premises, IT IS ORDERED AND ADJUDGED that the above-captioned action is dismissed without prejudice as moot, except with respect to any challenge to the adequacy of the Federal UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ________________________________________________ SAN DIEGO NAVY BROADWAY COMPLEX ) COALITION, ) ) Plaintiff, ) ) vs. ) CASE NO. 07 CV 0038 JM (WMc) ) U.S. DEPARTMENT OF DEFENSE; ROBERT M. ) GATES, in his official capacity as Secretary of the ) U.S. Department of Defense; U.S. DEPARTMENT ) ORDER GRANTING JOINT OF THE NAVY; RAYMOND E. MABUS, JR, in his ) MOTION FOR DISMISSAL official capacity as Secretary of the U.S. Department ) [DOCKET NO. 64] of the Navy; NAVAL FACILITIES ENGINEERING ) COMMAND; W. GREG SHEAR, JR., in his official ) capacity as Commander of the Naval Facilities ) Engineering Command; NAVAL FACILITIES ) ENGINEERING COMMAND SOUTHWEST; S. KEITH ) HAMILTON, in his official capacity as Commander ) of the Naval Facilities Engineering Command Southwest; ) and, MANCHESTER PACIFIC GATEWAY LLC, ) ) Defendants. ) ________________________________________________) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants' compliance with notice and/or public participation requirements, which are dismissed with prejudice. DATED: August 13, 2009 Hon. Jeffrey T. Miller United States District Judge 2

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