FARM-TO-CONSUMER LEGAL DEFENSE FUND et al v. SCHAFER et al

Filing 62

MOTION for Reconsideration re 61 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief, Order on Motion for Leave to File,,,,,,, by DAN NOLT, FARM-TO-CONSUMER LEGAL DEFENSE FUND, ROBERT ALEXANDER, JOE GOLIMBIESKI, ROBERT KEYWORTH, GLEN MAST, ANDREW SCHNEIDER, ROSEANNE WYANT (Attachments: # 1 Memorandum in Support)(Cox, David)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

FARM-TO-CONSUMER LEGAL DEFENSE FUND, et al., Plaintiffs, v. TOM VILSACK, Secretary, U.S. DEPARTMENT OF AGRICULTURE,1 et al., Defendants.

Civil Action No. 08-1546 (RMC)

ORDER For the reasons stated in the Memorandum Opinion filed separately and contemporaneously herewith, it is hereby ORDERED that the United States Department of Agriculture's Motion to Dismiss the First Amended Complaint [Dkt. # 29] is GRANTED; and it is FURTHER ORDERED that the Michigan Department of Agriculture's Motion for Summary Judgement [Dkt. # 31] is GRANTED; and it is FURTHER ORDERED that the First Amended Complaint is DISMISSED in its entirety; and it is FURTHER ORDERED that the United States Department of Agriculture's Motion to Dismiss Plaintiff Greg Niewendorp's Claims as Moot [Dkt. # 50] is GRANTED; and it is

Pursuant to Federal Rule of Civil Procedure 25(d), Tom Vilsack is substituted as Secretary for his predecessor, Ed Schafer, Secretary of the U.S. Department of Agriculture.

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FURTHER ORDERED that all other pending motions [Dkt. ## 3 & 49] are DENIED AS MOOT. This case is closed. This is a final appealable order. See Fed. R. App. P. 4(a). SO ORDERED.

DATE: July 23, 2009

/s/ ROSEMARY M. COLLYER United States District Judge

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