Great Western Drywall, a California Corporation and Halmoore, an Individual, Plaintiffs-appellants/cross-appellees, v. Lynn Martin, Secretary of Labor, United States Department Oflabor Wage Board and the United States Departmentof Labor, Defendants-appellees/cross-appellants, 988 F.2d 119 (9th Cir. 1993)Annotate this Case
Appeal from the United States District Court for the Southern District of California, No. CV 91-0477GT(M); Gordon Thompson, Jr., District Judge, Presiding.
AFFIRMED IN PART AND VACATED IN PART.
Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges.
After carefully considering the briefs, oral argument and record, we conclude that the administrative proceedings in this matter are not complete, that there has been no final agency action within the meaning of 5 U.S.C. § 704, and that the matter is therefore not ripe for judicial review. Accordingly, the district court's order dismissing this case without prejudice is affirmed.
We further conclude that the district court's order prohibiting the Secretary of Labor from forwarding the names of Great Western and Hal Moore for debarment is unnecessary. The government has conceded that it will not forward the names until the administrative proceeding is completed. At that time, if the appellants seek judicial review, they may apply to the district court for injunctive relief. Accordingly, this part of the district court's order is vacated.
The parties shall bear their own costs on appeal.
AFFIRMED in part and VACATED in part.