Conservation Law Foundation, Inc. et al v. Environmental Protection Agency, US et al

Filing 15

Judge Mark L. Wolf: ORDER entered. ORDER DISMISSING CASE. (Bartlett, Timothy)

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

CONSERVATION LAW FOUNDATION,

INC., et al.,

Plaintiffs

v.

C.A. No. 15-11727-MLW

ENVIRONMENTAL PROTECTION
AGENCY, US, et al.,
Defendants.
ORDER
WOLF, D.J.

February 10, 2016

Plaintiffs

Conservation

Law

Foundation,

Inc.,

and

Charles

River Watershed Association, Inc., filed this action on April 28,
2015.

On July 31, 2015, NAIOP Massachusetts, the Commercial Real

Estate Development Association
August 26,

("NAIOP") moved to intervene.

2015, before the complaint was served,

On

the plaintiffs

entered a notice of voluntary dismissal without prejudice.
Pursuant to Federal Rule of Civil Procedure 41 (a) (1) (A), lithe
plaintiff may dismiss an action without a court order by filing []
a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment.
exercised that right here.

II

The plaintiffs have

Therefore, there is no longer any case

in which NAIOP can intervene.
In view of the foregoing,

it is hereby ORDERED that:

1.

This case is DISMISSED without prejudice.

2.

NAIOP's Motion to Intervene (Docket No.6) is MOOT.

3.

The plaintiffs' Assented to Motion for Extension of Time

to Serve Complaint (Docket No. 11) is MOOT.

2