Pelzer et al v. Department of Agriculture et al

Filing 42

ORDER summarily affirming the Agency decision at issue in Count I of pltfs' complaint; Count I is hereby dismissed with prejudice; denying as moot deft's 38 Motion to Dismiss. Signed by Chief Judge J. Leon Holmes on 7/14/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAVID PELZER; DAVID AND RUTH PELZER, LLC, an Iowa Limited Liability Company; and DAVID AND MATTHEW PELZER, LLC, an Iowa Limited Liability Company v. PLAINTIFFS No. 4:11CV00108 JLH UNITED STATES DEPARTMENT OF AGRICULTURE, FEDERAL CROP INSURANCE CORPORATION, RISK MANAGEMENT AGENCY; and ARMTECH INSURANCE SERVICES, a Texas Corporation DEFENDANTS ORDER On June 22, 2011, the Court entered an Order directing the plaintiffs to file a brief on or before July 13, 2011, explaining why the Agency decision review of which the plaintiffs seek in Count I of their complaint was arbitrary or capricious. The Court stated in that Order that if the plaintiffs chose not to file a brief by that date the Court would summarily affirm. No brief has been filed. Therefore, the Court summarily affirms the Agency decision at issue in Count I the plaintiffs’ complaint. Count I is hereby dismissed with prejudice. The motion to dismiss filed by the Department of Agriculture is denied as moot. Document #38. IT IS SO ORDERED this 14th day of July, 2011. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?