Davies v. U.S. Environmental Protection Agency, CV-17-115-H-BMM. (2020)
Court: District Court, D. Montana
Number: infdco20200117931
Visitors: 11
Filed: Jan. 14, 2020
Latest Update: Jan. 14, 2020
Summary: ORDER BRIAN MORRIS , District Judge . Defendants, the United States Environmental Protection Agency and Andrew Wheeler, have filed a motion seeking to apply a bifurcated standard of review to Counts I and II of the Amended Complaint. (Doc. 51). Plaintiff does not oppose applying a bifurcated standard of review to Counts I and II. (Doc. 55). Defendants also filed a Motion for Partial Judgment on the Pleadings (Doc. 49) seeking a judgment that the Amended Complaint fails to state a claim for
Summary: ORDER BRIAN MORRIS , District Judge . Defendants, the United States Environmental Protection Agency and Andrew Wheeler, have filed a motion seeking to apply a bifurcated standard of review to Counts I and II of the Amended Complaint. (Doc. 51). Plaintiff does not oppose applying a bifurcated standard of review to Counts I and II. (Doc. 55). Defendants also filed a Motion for Partial Judgment on the Pleadings (Doc. 49) seeking a judgment that the Amended Complaint fails to state a claim for ..
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ORDER
BRIAN MORRIS, District Judge.
Defendants, the United States Environmental Protection Agency and Andrew Wheeler, have filed a motion seeking to apply a bifurcated standard of review to Counts I and II of the Amended Complaint. (Doc. 51). Plaintiff does not oppose applying a bifurcated standard of review to Counts I and II. (Doc. 55).
Defendants also filed a Motion for Partial Judgment on the Pleadings (Doc. 49) seeking a judgment that the Amended Complaint fails to state a claim for relief because 29 U.S.C. § 794 does not create a private cause of action against a federal employer. In response, Davies acknowledged that the Amended Complaint needed to be amended, and the Court has granted a stipulated motion to do so. (Doc. 54, 56, 57).
IT IS ORDERED that Defendants' Motion to Apply a Bifurcated Standard of Review (Doc. 51) is GRANTED.
IT IS ALSO ORDERED that Defendants' Motion for Partial Judgment on the Pleadings (Doc. 49) is DENIED as moot.
Source: Leagle
