Eden Foods, Inc., et al v. Kathleen Sebelius, et al

Filing

OPINION and JUDGMENT filed: The denial of Eden Foods's motion for a preliminary injunction is AFFIRMED, and the case is REMANDED to the district court with instructions to dismiss Potter's claims for lack of jurisdiction. Decision for publication. Martha Craig Daughtrey (AUTHORING), R. Guy Cole, Jr., and Helene N. White, Circuit Judges.

Case: 13-1677

Document: 006111861321

Filed: 10/24/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-1677
EDEN FOODS, INC. and MICHAEL POTTER,
Chairman, President and Sole Shareholder of
Eden Foods, Inc.,
Plaintiffs - Appellants,

FILED
Oct 24, 2013
DEBORAH S. HUNT, Clerk

v.
KATHLEEN SEBELIUS, Secretary, United States
Department of Health and Human Services;
THOMAS E. PEREZ, Secretary, United States
Department of Labor; JACK LEW, Secretary,
United States Department of the Treasury,
Defendants - Appellees.
Before: DAUGHTREY, COLE, and WHITE, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was submitted on the briefs
without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that the denial of Eden Foods’s motion
for a preliminary injunction is AFFIRMED, and the case is REMANDED to the district court with
instructions to dismiss Potter’s claims for lack of jurisdiction.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk