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San Diego Navy Broadway Complex Coalition v. U.S. Dep't of Defense

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 13, 2009

SAN DIEGO NAVY BROADWAY COMPLEX COALITION, PLAINTIFF,
v.
U.S. DEPARTMENT OF DEFENSE; ROBERT M. GATES, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE U.S. DEPARTMENT OF DEFENSE; U.S. DEPARTMENT THE NAVY; RAYMOND E. MABUS, JR, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE U.S. DEPARTMENT OF THE NAVY; NAVAL FACILITIES ENGINEERING COMMAND; W. GREG SHEAR, JR., IN HIS OFFICIAL CAPACITY AS COMMANDER OF THE NAVAL FACILITIES ENGINEERING COMMAND; NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST; S. KEITH HAMILTON, IN HIS OFFICIAL CAPACITY AS COMMANDER OF THE NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST; AND, MANCHESTER PACIFIC GATEWAY LLC, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING JOINT OF MOTION FOR DISMISSAL [DOCKET NO. 64]

THIS MATTER having come before the Court on the parties' Stipulation and Joint Motion for Dismissal dated August 13, 2009, and the Court being fully advised in the premises,

IT IS ORDERED AND ADJUDGED that the above-captioned action is dismissed without prejudice as moot, except with respect to any challenge to the adequacy of the Federal Defendants' compliance with notice and/or public participation requirements, which are dismissed with prejudice.

20090813

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