<<

Case 1:16-cv-00593-CG-MU Document 55 Filed 03/15/18 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA

STATE OF ALABAMA, EX REL. ) STEVEN T. MARSHALL, et al., ) ) Plaintiffs, ) ) vs. ) CIVIL ACTION NO. ) 1:16-cv-00593-CG-MU ) NATIONAL MARINE ) FISHERIES SERVICE, et al. ) ) Defendants. )

PLAINTIFFS’ NOTICE OF DISMISSAL OF COMPLAINT

Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, Plaintiffs hereby dismiss the complaint against Defendants National Marine Fisheries Service; Wilbur Ross, in his official capacity as Secretary of Commerce; Fish and Wildlife Service; and Ryan

Zinke, in his official capacity as Secretary of the Interior (“Federal Defendants”) without prejudice. Plaintiffs are dismissing this action because Plaintiffs and Federal Defendants have negotiated a settlement to resolve the disputes set forth in Plaintiffs’ Complaint.

Federal Defendants have neither filed an answer nor a motion for summary judgment as to the claims asserted in Plaintiffs’ Complaint. Dismissal under Rule 41(a)(1)(A) is therefore appropriate.

Respectfully submitted,

STEVEN T. MARSHALL Alabama Attorney General

/s/ Corey L. Maze COREY L. MAZE Special Deputy Attorney General Case 1:16-cv-00593-CG-MU Document 55 Filed 03/15/18 Page 2 of 5

Office of the Attorney General 501 Washington Avenue Post Office Box 300152 Montgomery, AL 36130-0152 (334) 242-7300 (334) 242-4890 – FAX [email protected]

LESLIE RUTLEDGE Arkansas Attorney General

/s/ Lee Rudofsky LEE RUDOFSKY Solicitor General

Office of the Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201 (501) 682-6302 (501) 682-2000 [email protected]

Counsel for Plaintiffs1

(Additional Counsel listed below)

1 Undersigned counsel possess on file written permission from each Plaintiff State to enter into the aforementioned settlement agreement and file this notice of voluntary dismissal. Case 1:16-cv-00593-CG-MU Document 55 Filed 03/15/18 Page 3 of 5

JAHNA LINDEMUTH DOUG PETERSON Attorney General Attorney General State of Alaska State of Nebraska

— —

MARK BRNOVICH ADAM PAUL LAXALT Attorney General Attorney General State of Arizona LAWRENCE VANDYKE — Solicitor General State of Nevada CYNTHIA H. COFFMAN Attorney General — State of Colorado ALEXANDRA SANDOVAL — Director of the New Mexico Department of Game and Fish C.L. “BUTCH” OTTER Governor JACOB PAYNE State of Idaho General Counsel State of New Mexico SAMUEL J. EATON Legal Counsel —

— WAYNE STENEHJEM Attorney General State of Attorney General — JEFFREY A. CHANAY Chief Deputy Attorney General ALAN WILSON State of __ State of South Carolina

JEFF LANDRY — Attorney General State of Louisiana Attorney General — State of Texas

BILL SCHUETTE — Attorney General NATHAN A. GAMBILL Attorney General Assistant Attorney General State of West Virginia State of Michigan Case 1:16-cv-00593-CG-MU Document 55 Filed 03/15/18 Page 4 of 5

JOSHUA D. HAWLEY BRAD D. SCHIMEL Attorney General Attorney General State of Missouri State of Wisconsin

— —

TIM FOX PETER K. MICHAEL Attorney General Attorney General State of Montana State of Wyoming Case 1:16-cv-00593-CG-MU Document 55 Filed 03/15/18 Page 5 of 5

CERTIFICATE OF SERVICE

I hereby certify that on March 15, 2018, the above and foregoing Plaintiffs’ Notice of

Dismissal of Complaint has been served on all Counsel, and that the foregoing was electronically filed with the Clerk of Court of the United States District Court for the Southern District of

Alabama using the CM/ECF system, which will send a notice of electronic filing in accordance with the procedures established in this case.

Respectfully submitted,

/s/ Corey L. Maze Corey L. Maze Special Deputy Attorney General State of Alabama Office of the Attorney General 501 Washington Avenue Post Office Box 300152 Montgomery, AL 36130-0152 (334) 242-7300 (334) 242-4890 – FAX [email protected]