Plaintiffs in the McIntire Road Extended case agree to dismiss VDOT from the case as requested in VDOT's July 6, 2011 motion to dismiss. Thus, U.S. Army Corps of Engineers is the only defendant in this case. Judge Moon will hear arguments on the plaintiffs motion for a preliminary injunction or temporary restraining order on Thursday July 21, 2011 (10:00 AM) in the federal courthouse in Charlottesville.
Below is the notice of dismissal reformatted slightly for posting on this blog. The original document is on available for viewing at the clerk's office.
Below is the notice of dismissal reformatted slightly for posting on this blog. The original document is on available for viewing at the clerk's office.
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
COALITION TO PRESERVE MCINTIRE PARK,
DANIEL BLUESTONE,
Plaintiffs,
v.
UNITED STATES ARMY CORPS OF ENGINEERS,
VIRGINIA DEPARTMENT OF TRANSPORTATION,
Defendants.
_______________________________________
Case 3:11-cv-00041-NKM
Plaintiffs, pursuant to Fed. R. Civ. P. 41(a)(1), hereby notify the Court and all parties as to the voluntary dismissal of VDOT as a defendant, without prejudice.
Plaintiffs will not respond to VDOT’s motion to dismiss, filed July 6, 2011.
Respectfully submitted,
/s/ James B. Dougherty, Esq.
Dated: July 19, 2011 709 3rd St. S.W.
Washington, D.C. 20024
Tel: 202-488-1140
Email: JimDougherty@aol.com
/s/ James D. Brown, Esq.
Law Office of James D. Brown
P.O. Box 2921
Charlottesville VA 22902
Va. Bar. No. 81225
Tel.: 434-218-0891
Email: jd@lawofficejdb.com
Counsel for Plaintiffs
I hereby certify that on this 19th day of July, 2011, I will cause the foregoing Notice of Voluntary Dismissal, to be served, via the Court’s CM/ECF filing system, on the following:
Thomas L. Eckert
Assistant U.S. Attorney
P.O. Box 1709
Roanoke, VA 24008
Suzanne T. Ellison
Office of the Attorney General
900 E. Main St.
Richmond, VA 23219
/s/ James B. Dougherty
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