Koopmann et al v. United States Department of Transportation et al
Gary Koopmann, Timothy Kidd and Victor Pirnik |
United States Department of Transportation, Elaine Chao, National Highway Traffic Safety Administration, Heidi King and Otto G. Matheke, III |
1:2018cv03460 |
April 19, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Jesse M. Furman |
Administrative Procedure Act/Review or Appeal of Agency Decision |
05 U.S.C. ยง 0701 |
None |
Available Case Documents
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Filing 28 OPINION AND ORDER re: 25 MOTION for Summary Judgment NOTICE OF MOTION FOR SUMMARY JUDGMENT OR TO COMPEL THE DEPOSITION OF ROBERT GARRIS. filed by Timothy Kidd, Victor Pirnik, Gary Koopmann, 23 MOTION to Dismiss. MOTION for Summary Judgment . filed by Elaine Chao, National Highway Traffic Safety Administration, United States Department of Transportation, Heidi King, Otto G. Matheke, III. Whether Defendants can prevent Plaintiffs from deposing Garris by way of a Rule 45 motion in Pirnik, however, does not call for delaying the disposition of this case, in which Plaintiffs challenge Defendants' Denial Letter on the ground that it was arbitrary and capricious and in excess of statutory jur isdiction. Because the Court concludes that the Denial Letter was both, Defendants' motion to dismiss or, in the alternative, for summary judgment, is DENIED, while Plaintiffs' cross-motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate Docket Nos. 23 and 25 and to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/16/2018) (ne) Transmission to Orders and Judgments Clerk for processing. |
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