Lopez et al v. BNSF Railway Company et al

Filing 66

MEMORANDUM Decision and ORDER GRANTING Defendants State of California and California Department of Transportation's #47 MOTION to DISMISS signed by Judge Oliver W. Wanger on 1/8/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiffs, 13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendants. BNSF RAILWAY COMPANY, et al., MARY G. LOPEZ, individually and as Successor-in-Interest on behalf of Decedent, SALVADOR V. LOPEZ, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-07-1417 OWW/GSA MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS STATE OF CALIFORNIA AND CALIFORNIA DEPARTMENT OF TRANSPORTATION'S MOTION TO DISMISS ON THE GROUND OF SOVEREIGN IMMUNITY (Doc. 47) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiffs have filed Statements of Non-Opposition to Defendants State of California and California Department of Transportation's motion to dismiss the Complaint for lack of subject matter jurisdiction on the ground of sovereign immunity. Accordingly: 1. The motion to dismiss filed by Defendants State of

California and California Department of Transportation is GRANTED; 1

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This action is DISMISSED FOR LACK OF SUBJECT MATTER

JURISDICTION based on sovereign immunity against Defendants State of California and California Department of Transportation. IT IS SO ORDERED. Dated: 668554 January 8, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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