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Giltner v. United States Department of Labor

November 25, 2009

JOHN W. GILTNER, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF LABOR, DEFENDANT.



The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

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.

20091125

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