Filing 11

ORDER granting 10 Defendant's Motion to Dismiss. Civil action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Ellen S. Huvelle on November 25, 2009. (AG)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) ) ) Plaintiff, ) ) v. ) Civ. Action No. 09-0840 (ESH) ) UNITED STATES DEPARTMENT ) OF LABOR, ) ) Defendant. ) ____________________________________) JOHN W. GILTNER, ORDER Upon consideration of defendant United States Department of Labor's Motion to Dismiss, memorandum in support thereof, and accompanying documents, the lack of any opposition by plaintiff, and the entire record herein, it is this 25th day of November, 2009, hereby ORDERED that defendant's Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(1) [Dkt. #10] is GRANTED on the ground that there is no final agency action. In addition, given the lack of opposition, under Local Civil Rule 7(b), the motion is treated as conceded; and it is further ORDERED that the above-captioned case is DISMISSED WITHOUT PREJUDICE. /s/ ELLEN SEGAL HUVELLE United States District Judge Date: November 25, 2009

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