Connecticut Fund for the Environment, Inc. d/b/a Save the Sound v. Westchester County, New York

Filing 286

ORDER OF VOLUNTARY DISMISSAL AS TO DEFENDANTS VILLAGE OF LARCHMONT, TOWN OF MAMARONECK, CITY OF NEW ROCHELLE, AND VILLAGE OF PELHAM MANOR: NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil P rocedure, at Plaintiffs' request and upon the consent of the NRSD Defendants, this action is hereby voluntarily dismissed with prejudice as against Defendants Village of Larchmont, Town of Mamaroneck, City of New Rochelle, and Village of Pelh am Manor. 2. The Court does not retain jurisdiction over Defendants Village of Larchmont, Town of Mamaroneck, City of New Rochelle, and Village of Pelham Manor. 3. This order of voluntary dismissal shall have no effect on the action as against any o ther Defendant or the Court's jurisdiction over such other Defendants. The Clerk shall terminate ECF No. 285. So Ordered. Motions terminated: 285 CONSENT MOTION to Dismiss Defendants Village of Larchmont, Town of Mamaroneck, City of N ew Rochelle, and Village of Pelham Manor (the "NRSD Defendants"). filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc., Village of Larchmont, Village of Pelham Manor, City of New Rochelle and Town of Mamaroneck terminated. (Signed by Judge Cathy Seibel on 3/8/2024) (mml)

Case 7:15-cv-06323-CS Document 285-1 Filed 03/08/24 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SAVE THE SOUND and ATLANTIC CLAM FARMS OF
CONNECTICUT, INC.,
Plaintiffs,
v.
WESTCHESTER COUNTY, NY; TOWN/VILLAGE OF
HARRISON; VILLAGE OF LARCHMONT; TOWN OF
MAMARONECK; CITY OF NEW ROCHELLE;
VILLAGE OF PELHAM MANOR; CITY OF RYE;
VILLAGE OF RYE BROOK; and VILLAGE OF
SCARSDALE,

Case No. 7:15-cv-06323 (CS)
[PROPOSED] ORDER OF
XXXXXXXXXX

VOLUNTARY DISMISSAL
AS TO DEFENDANTS
VILLAGE OF LARCHMONT,
TOWN OF MAMARONECK,
CITY OF NEW ROCHELLE,
AND VILLAGE OF PELHAM
MANOR

Defendants.
WHEREAS, Plaintiffs and Defendants Village of Larchmont, Town of Mamaroneck,
City of New Rochelle, and Village of Pelham Manor (the “NRSD Defendants”) have advised the
Court that, on January 18, 2024, they executed a settlement agreement resolving their disputes in
this action (the “Settlement Agreement”), which was filed as Exhibit A to Plaintiffs’ consent
motion for voluntary dismissal;
WHEREAS, the Settlement Agreement was submitted to the U.S. Environmental
Protection Agency and U.S. Department of Justice for a forty-five (45) day review period
pursuant to 33 U.S.C. § 1365(c)(3);
WHEREAS, the U.S. Department of Justice has advised the Court by letter that the
United States does not object to the Settlement Agreement or to dismissal of this action as to the
NRSD Defendants.
NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, at Plaintiffs’

request and upon the consent of the NRSD Defendants, this action is hereby voluntarily

Case 7:15-cv-06323-CS Document 285-1 Filed 03/08/24 Page 2 of 2

dismissed with prejudice as against Defendants Village of Larchmont, Town of Mamaroneck,
City of New Rochelle, and Village of Pelham Manor.
2.

The Court does not retain jurisdiction over Defendants Village of Larchmont,

Town of Mamaroneck, City of New Rochelle, and Village of Pelham Manor.
3.

This order of voluntary dismissal shall have no effect on the action as against any

other Defendant or the Court’s jurisdiction over such other Defendants.

March 8
Dated: _________________,
2024

So Ordered.

______________________________________
Cathy Seibel, U.S.D.J.

The Clerk shall terminate ECF No. 285.