Defend H20 et al v. United States Army Corps of Engineers et al
| Conrad Costanzo, Defend H20, Daniel Lester, Paul Lester and Nat Miller |
| Col. David Caldwell, Department of Environmental Conservation of the State of New York, Acting Commisioner Marc Gerstman, The County Of Suffolk, Town Board of the Town of East Hampton and United States Army Corps of Engineers |
| 2:2015cv05735 |
| October 2, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 551 Administrative Procedure Act |
| None |
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Filing
24
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the R & R of Magistrate Judge Shields filed in 15cv2349(ADS/AYS) in its entirety, and as a result, the Court hereby orders that the Plaintiffs request for an evidentiary hearing filed in 15 cv2349(ADS/AYS) is denied; that the Plaintiffs motion for a preliminary injunction filed in 15cv2349(ADS/AYS) is denied; that the Clerk of the Court is directed to close the Removal Action (15cv2349) and terminate without prejudice the Defendants mot ions to dismiss pending in the Removal Action (15cv2349); that the Intervenors may move to intervene in the Federal Action (15cv5735); that the Defendants in the Federal Action (15cv5735) have thirty days from the date of this Order, or thirty days after service of the amended complaint, to answer or otherwise move in the Federal Action (15cv5735). Ordered by Judge Arthur D. Spatt on 11/30/2015. cm by cm/ecf. (Mahon, Cinthia)
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