Lopez et al v. BNSF Railway Company et al, No. 1:2007cv01417 - Document 66 (E.D. Cal. 2009)
Court Description: 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)
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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 MARY G. LOPEZ, individually and as Successor-in-Interest on behalf of Decedent, SALVADOR V. LOPEZ, et al., 11 12 Plaintiffs, 13 vs. 14 15 BNSF RAILWAY COMPANY, et al., 16 Defendants. 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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) Plaintiffs have filed Statements of Non-Opposition to 20 Defendants State of California and California Department of 21 Transportation's motion to dismiss the Complaint for lack of 22 subject matter jurisdiction on the ground of sovereign immunity. 23 Accordingly: 24 1. The motion to dismiss filed by Defendants State of 25 California and California Department of Transportation is 26 GRANTED; 1 2. 1 This action is DISMISSED FOR LACK OF SUBJECT MATTER 2 JURISDICTION based on sovereign immunity against Defendants State 3 of California and California Department of Transportation. 4 IT IS SO ORDERED. 5 Dated: 668554 January 8, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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