SMELTZER v. SLATER

No. CV 99-09490 DT SHX.

93 F.Supp.2d 1095 (2000)

Darrell L. SMELTZER, George R. Gutierrez, Humberto Diaz, California State Legislative Board United Transportation Union, Plaintiffs, v. Honorable Rodney SLATER (Secretary of Transportation), Department of Transportation, Honorable Jolene Molitoris (Administrator, Federal Railroad Administration), and Federal Railroad Administration, Defendants.

United States District Court, C.D. California, Western Division.

February 28, 2000.


Attorney(s) appearing for the Case

Lawrence M. Mann, Alper, Mann & Weisbaum, P.C., Washington, D.C., R. Edward Pfiester, Jr., R. Edward Pfiester, Jr., ALC, Los Angeles, California, for plaintiffs Darrell L. Smeltzer, George R. Gutierrez, Humberto Diaz, California State Legislative Board United Transportation Union.

W. Scott Simpson, Senior Counsel, U.S. Department of Justice, Civil Division, Washington, D.C., Daniel Smith, Assistant Chief Counsel, Federal Railroad Administration, Washington, D.C., Peter Plocki, Senior Trial Attorney, Office of General Counsel, U.S. Department of Transportation, Washington, D.C., of counsel, for defendants Honorable Rodney Slater (Secretary of Transportation), Department of Transportation, Honorable Jolene Molitoris (Administrator, Federal Railroad Administration), and Federal Railroad Administration.


ORDER GRANTING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION WITH PREJUDICE

TEVRIZIAN, District Judge.

I. Background

A. Factual Summary

This action is brought by Plaintiffs, Darrell L. Smeltzer, George R. Gutierrez, Humberto Diaz, California State Legislative Board, United Transportation Union (Collectively, "Plaintiffs"), against Defendants, Honorable...

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