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)

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