Marquis v. Uecker et al

Filing 25

ORDER GRANTING WITH LEAVE TO AMEND 20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Susan P. Watters on 2/5/2024. (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

CORY SHANNON MARQUIS,
CV 23-15-BLG-SPW

Plaintiff,
ORDER

vs.

JOHN UECKER,in his official

capacity as a Resident Agent for the
U.S. Department of Agriculture,
Agricultural Marketing Service, Fair
Trade Practices Program,Packers and
Stockyards Division;
AGRICULTURAL MARKETING

SERVICE,FAIR TRADE
PRACTICES PROGRAM,PACKERS
AND STOCKYARDS DIVISION,an

agency within the U.S. Department of
Agriculture; and U.S. DEPARTMENT
OF AGRICULTURE,a federal agency.
Defendants.

Before the Court is a Motion to Dismiss filed by Defendants John Uecker, in

his official capacity as a Resident Agent for the U.S. Department of Agriculture,
Agricultural Marketing Service, Fair Trade Practices Program, Packers and
Stockyards Division, et al. (collectively, "Defendants"). (Doc. 20). Defendants
contend that Plaintiff Cory Shannon Marquis's Complaint fails to state a claim on

which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). (Id.),
For the following reasons, the Court grants Defendants' motion.