MEMORANDUM OPINION AND ORDER
LEON, District Judge.
Cubic Transportation Systems, Inc. ("Cubic") seeks declaratory relief against two government agents in their official capacity, Norman Mineta, Secretary of the U.S. Department of Transportation and Jennifer Dorn, Administrator of the Federal Transit Administration ("FTA"). Cubic challenges the FTA's decision that defendant-intervenor's, Scheidt & Bauchman ("S & B"),
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