Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 08-0029 (PLF). Motions Motion to dismiss : Granted Judges Paul L. Friedman See more information ... Smart Summary Please sign up to generate summary. MARTHA BENJAMIN, Plaintiff, v. ARNE DUNCAN, Secretary, Department of Education, Defendant. The Court has substituted Arne Duncan, the current Secretary of the Department of Education, as the defendant in place of former Secretary Margaret Spellings, pursuant to Rule 25(d) of the Federal Rules of Ci ORDER PAUL FRIEDMAN, District Judge For the reasons stated in the Opinion issued this same day, it is hereby ORDERED that defendant's motion to dismiss or, in the alternative, for summary judgment [23] is GRANTED. Judgment shall be entered for the defendant on all claims; and it is FURTHER ORDERED that the Clerk of the Court shall remove this case from the docket of the Court. This is a final appealable order. See FED. R. APP. P. 4(a). SO ORDERED.