BENJAMIN v. SPELLINGS

Filing 28

ORDER granting 23 defendant's Motion to Dismiss; granting 23 Motion for Summary Judgment. Signed by Judge Paul L. Friedman on March 17, 2010. (MA)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) MARTHA BENJAMIN, ) ) Plaintiff, ) ) v. ) ) ARNE DUNCAN, ) Secretary, Department of Education, ) ) 1 Defendant. ) __________________________________________) ORDER For the reasons stated in the Opinion issued this same day, it is hereby ORDERED that defendant's motion to dismiss or, in the alternative, for summary judgment [23] is GRANTED. Judgment shall be entered for the defendant on all claims; and it is FURTHER ORDERED that the Clerk of the Court shall remove this case from the docket of the Court. This is a final appealable order. See FED. R. APP. P. 4(a). SO ORDERED. Civil Action No. 08-0029 (PLF) _/s/__________________________ PAUL L. FRIEDMAN United States District Judge DATE: March 17, 2010 The Court has substituted Arne Duncan, the current Secretary of the Department of Education, as the defendant in place of former Secretary Margaret Spellings, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. 1

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