Garden Peninsula Foundation et al v. Heritage Sustainable Energy LLC et al

Filing 149

ORDER ADOPTING REPORT AND RECOMMENDATION 146 ; granting motion for summary judgment on Count II 146 ; declining to exercise supplemental jurisdiction over remaining counts and dismissing those counts; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GARDEN PENINSULA FOUNDATION, et al., Plaintiffs, Case No.: 2:15-cv-8 v. HONORABLE PAUL L. MALONEY HERITAGE GARDEN WIND FARM I, LLC et al., Defendants. / ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Timothy P. Greeley in this action (ECF No. 146). The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that Defendants' motion for summary judgment on violation of the Endangered Species Act (Count II) (ECF No. 138) is GRANTED with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiffs' state-law claims: Michigan Environmental Protection Act (Count IV), nuisance (Count V), public nuisance (Count VI), and negligence (Count VII), and those claims are DISMISSED without prejudice. Dated: July 28, 2017 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

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