Smeltzer

Smeltzer v. Slater

Good Law

93 F. Supp. 2d 1095·2000 WL 374537·16 I.E.R. Cas. (BNA) 354·2000 U.S. Dist. LEXIS 4706

United States District Court, Central District of CaliforniaFebruary 28, 2000CV 99-09490 DT SHXCalifornia3,502 words

Opinion

Tevrizian, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION WITH PREJUDICE

I. Background

A. Factual Summary

This action is brought by Plaintiffs, Darrell L. Smeltzer, George R. Gutierrez, Humberto Diaz, California State Legislative Board, United Transportation Union (Collectively, “Plaintiffs”), against Defendants, Honorable Rodney Slayer (Secretary of Transportation), Department of Transportation (“DOT”), Honorable Jolene Molitoris (Administrator, Federal Railroad Administration), and Federal Railroad Administration (“FRA”); (Collectively, “Defendants”) seeking declaratory, monetary and injunctive relief for injuries suffered as a result of Defendants’ violation of the Fifth Amendment rights to due process under the United States Constitution.

The following facts are alleged in the Complaint:

Plaintiffs are California residents employed by various railroad companies who are subject to the Department of Transportation alcohol and drug testing regulations. (Complaint, ¶ 4).

Defendants are Secretary of Transportation, Federal Railroad Administrator, Department of Transportation (“DOT”) and Federal Railroad Administration (“FRA”); agencies of the United…

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