Sierra Club v. NCDOT, et al

Filing 51

ORDER granting 47 Motion for Voluntary Dismissal. Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 5/25/2018. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4: 16-cv-00300-FL
SIERRA CLUB,
Plaintiff,
v.
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION; JAMES H.
TROGDON III, SECRETARY, NCDOT;
FEDERAL HIGHWAY
ADMINISTRATION; JOHN F. SULLIVAN,
DIVISION ADMINISTRATOR, FHWA;
U.S. FISH AND WILDLIFE SERVICE; and
PETE BENJAMIN, FIELD SUPERVISOR,
USFWS,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER GRANTING
MOTION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE
F. R. Civ. Pro. 41(a)(2)

On April 30, 2018, Plaintiff the Sierra Club, Defendants the North Carolina Department
of Transportation (“NCDOT”), NCDOT Secretary James H. Trogdon III (collectively, “State
Defendants”), the Federal Highway Administration (“FHWA”), FHWA Division Administrator
John F. Sullivan, the United States Fish and Wildlife Service (“USFWS”), and USFWS Field
Supervisor Pete Benjamin (collectively, “Federal Defendants”) informed the court that an out of
court settlement agreement had been reached in the above-captioned matter between Plaintiff and
Defendant NCDOT. Dkt. 45.
On May 1, 2018, Plaintiff the Sierra Club filed a Motion for Voluntary Dismissal,
requesting that the Court (1) dismiss the merits of its claims with prejudice pursuant to Federal
Rule of Civil Procedure 41(a)(2) and (2) retain jurisdiction to consider Plaintiff’s motion for
attorneys’ fees. State and Federal Defendants did not oppose the motion.

Upon consideration of Plaintiff’s motion, and noting that neither State nor Federal
Defendants were in opposition, the Court hereby GRANTS the motion and ORDERS the abovecaptioned case dismissed with prejudice. Additionally, the Court will retain jurisdiction in the
above-captioned case to consider Plaintiff’s motion for attorneys’ fees.

SO ORDERED. This _____ day of __________, 2018.
25th
May

_________________________
The Honorable Louise W. Flanagan
United States District Judge