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Lopez v. BNSF Railway Co.

January 8, 2009

MARY G. LOPEZ, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST ON BEHALF OF DECEDENT, SALVADOR V. LOPEZ, ET AL., PLAINTIFFS,
v.
BNSF RAILWAY COMPANY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

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 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;

2. 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.

20090108

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