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15-2256 - GUINDON et al v. PRITZKER et al


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15-2256 - GUINDON et al v. PRITZKER et al
March 3, 2017
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ORDER: granting in part and denying in part 18 Plaintiffs' Motion for Summary Judgment; granting in part and denying in part 22 Defendants' Motion for Summary Judgment. The Court HEREBY ORDERS the following: (1) The Court GRANTS Plaintiffs' Motion for Summary Judgment, and thus DENIES Defendants' Motion for Summary Judgment, as to Plaintiffs' claim made pursuant to MSA National Standard Four; (2) The Court DENIES Plaintiffs' Motion for Summary Judgment, and thus GRANTS Defendants' Motion for Summary Judgment, as to Plaintiffs' claims made pursuant to the following MSA provisions: section 407(d)(2); section 303(a)(1)(A); National Standard One; section 303(a)(14); and section 303(a)(9); and (3) Because the Court finds that Amendment 28 fails to conform to the requirements of MSA National Standard Four, the Court VACATES Amendment 28 and REMANDS this action back to the agency. Signed by Judge Barbara Jacobs Rothstein on March 3, 2017. (lcbjr1, smb)