Friends of Del Norte v. California Department of Transportation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRIENDS OF DEL NORTE, et al., Case No. 3:18-cv-00129-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 47 CALIFORNIA DEPARTMENT OF TRANSPORTATION, et al., 11 Defendants.
12 This order resolves the federal defendants’ motions to dismiss claims against the Federal Highway Administration (“FHWA”) under Federal Rule of Civil Procedure 12(b)(1) and Rule 12(b)(6). Dkt. No. 47. The facts and record in this long-running dispute were presented in detail in prior proceedings, and the parties’ familiarity with them is assumed. See Souza v. Cal. Dep’t of Transp., Case No. 13-cv-04407-JD, Dkt. No. 87 (May 2, 2014 preliminary injunction order); id., Dkt. No. 97 (July 9, 2014 dismissal without prejudice order). The Court finds the motion suitable for decision on the papers pursuant to Civil Local Rule 7-1(b). The claims are dismissed with leave to amend. DISCUSSION I. LEGAL STANDARDS Well-established standards govern the motions. “A…