Opinion
Case No. 2:08-cv-941-FtM-29SPC.
July 2, 2010
ORDER
This matter comes before the Court on the Plaintiff Conservancy of Southwest Florida's Motion for Summary Judgement (Doc. #42) filed on October 3, 2009; the Defendants, Colonel Alfred A. Pantano, in his official capacity as District Commander and Engineer of the Jacksonville District of the United States Army Corps of Engineers; Paul Souza, in his official capacity as Field Supervisor of the South Florida Ecological Services Office of the United States Fish and Wildlife Service; Pete Geren, in his official capacity as Secretary of the Army; and Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior (collectively "Federal Defendants"), Cross Motion for Summary Judgment (Doc. # 55) filed on February 22, 2010; and the Defendant RC Properties IX, LLC.'s Motion for Summary Judgment (Doc. # 59) filed on February 22, 2010.
On July 2, 2010, the Parties filed a Joint Motion to Dismiss (Doc. # 73) notifying the Court that all Parties have agreed to a full and complete settlement of the claims in this case and move the Court to dismiss the case with prejudice. Thus, the respective Motions for Summary Judgment are now moot.
Accordingly, it is now
ORDERED:
(1) The Plaintiff Conservancy of Southwest Floirda's Motion for Summary Judgement (Doc. #42) is DENIED as moot.
(2) The Federal Defendants, Colonel Alfred A. Pantano, in his official capacity as District Commander and Engineer of the Jacksonville District of the United States Army Corps of Engineers; Paul Souza, in his official capacity as Field Supervisor of the South Florida Ecological Services Office of the United States Fish and Wildlife Service; Pete Geren, in his official capacity as Secretary of the Army; and Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior's Cross Motion for Summary Judgment (Doc. # 55) is DENIED as moot.
(3) The Defendant RC Properties IX, LLC.'s Motion for Summary Judgment (Doc. # 59) is DENIED as moot. DONE AND ORDERED at Fort Myers, Florida.