Brake Plus NWA, Inc. et al v. United States Department of Transportation et al

Filing 41

JUDGMENT, for the reasons stated in the Memorandum Opinion and Order filed this day, this case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Timothy L. Brooks on September 24, 2024.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
BRAKE PLUS NWA, INC.
and WILLIAMS & LAKE, LLC
V.

PLAINTIFFS
CASE NO. 5:23-CV-5185

UNITED STATES DEPARTMENT OF TRANSPORTATION,
through Pete Buttigieg in his official capacity as
Secretary of Transportation; and NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION, through Ann Carlson
in her official capacity as Acting Administrator
of the National Highway Traffic Safety Administration

DEFENDANTS

JUDGMENT
For the reasons stated in the Memorandum Opinion and Order filed this day, IT IS
ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE for
failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), in view of the
Court’s finding that the acts alleged in the Complaint do not constitute final agency action.
IT IS SO ORDERED AND ADJUDGED on this 24th day of September, 2024.

________________________________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE