Ohio Valley Environmental Coalition, Inc. et al v. United States Army Corps of Engineers et al, No. 2:2012cv06689 - Document 42 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER denying as moot defendants' 29 MOTION for Partial Summary Judgment; denying as moot the intervenor defendant's 31 MOTION for Partial Summary Judgment. Signed by Judge John T. Copenhaver, Jr. on 3/31/2014. (cc: attys; any unrepresented parties) (tmh)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON OHIO VALLEY ENVIRONMENTAL COALITION, INC. and WEST VIRGINIA HIGHLANDS CONSERVANCY, INC. and SIERRA CLUB and COAL RIVER MOUNTAIN WATCH, INC., Plaintiffs, v. Civil Action No. 2:12-6689 UNITED STATES ARMY CORPS OF ENGINEERS and THOMAS P. BOSTICK, Commander and Chief of Engineers, U. S. Army Corps of Engineers, and STEVEN MCGUGAN, Colonel, District Engineer, U. S. Army Corps of Engineers, Huntington District, Defendants and RAVEN CREST CONTRACTING, LLC, Intervenor Defendant. MEMORANDUM OPINION AND ORDER Pending are a Motion for Partial Summary Judgment (Water Quality Claims) filed on August 16, 2013, by defendants Bostick, McGugan, and the United States Army Corps of Engineers, and a Motion for Partial Summary Judgment (Water Quality Claims) filed on the same date by intervenor defendant Raven Crest Contracting. On September 12, 2013, the parties in this case 1 stipulated to the dismissal with prejudice of the Water Quality Claims. Therefore the defendants motions with respect to the Water Quality Claims are moot. Accordingly, it is ORDERED that the Motion for Partial Summary Judgment (Water Quality Claims) filed on August 16, 2013, by defendants Bostick, McGugan, and the United States Army Corps of Engineers be, and it hereby is, DENIED as moot. It is further ORDERED that Motion for Partial Summary Judgment (Water Quality Claims) filed on August 16, 2013 by intervenor defendant Raven Crest Contracting be, and it hereby is, DENIED as moot. The Clerk is directed to transmit copies of this order to all counsel of record and any unrepresented parties. ENTER: March 31, 2014 John T. Copenhaver, Jr. United States District Judge
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