FRIENDS OF MERRYMEETING BAY et al v. MILLER HYDRO GROUP

Filing 17

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
FRIENDS OF MERRYMEETING
BAY, et al.,
Plaintiffs,
v.
MILLER HYDRO GROUP,
Defendant

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No. 2:11-cv-36-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on July 14, 2011, his
Recommended Decision (Docket No. 11).

Defendant Miller Hydro Group filed its

Objection to the Recommended Decision (Docket No. 12) on August 1, 2011. Plaintiffs
filed their response to Defendant’s Objection to the Recommended Decision (Docket No.
15) on August 18, 2011.
I have reviewed and considered the Magistrate Judge’s Recommended Decision,
together with the entire record; I have made a de novo determination of all matters
adjudicated by the Magistrate Judge’s Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set forth in his
Recommended Decision. I note that while nothing in the current record supports a stay
of this action at this time, the denial of the request for a stay is without prejudice to
Defendant renewing the request if it can provide documentation that the ESA
administrative consultation process will result in final agency action by a date certain in
the near future.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby AFFIRMED.
2. It is ORDERED that Defendant’s Motion to Dismiss (Docket No. 7) is
hereby DENIED.
/s/ George Z. Singal
United States District Judge

Dated this 9th day of September, 2011.