J.O.C. Farms, L.L.C. v. Rural Community Insurance Agency, Inc., et al

Filing 67

ORDER granting in part and denying in part 48 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction and granting 52 Motion to Dismiss for Failure to State a Claim - The court GRANTS the motion to dismiss of Rural Community Insurance Agency, Inc. and Fireman's Fund Insurance Company. The court GRANTS in part and DENIES in part the motion to dismiss of William J. Murphy, Thomas James Vilsack, and the United States Department of Agriculture, Risk Ma nagement Agency ("federal defendants"). Count one against the federal defendants survives the motion to dismiss, but count two against the federal defendants fails to state a claim upon which relief can be granted and is dismissed. Signed by Chief Judge James C. Dever III on 10/31/2014. (Tripp, S.)

IN THE UNITED STATES DISTRlCT COURT
FOR THE EASTERN DISTRlCT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-186-D
J.O.C. FARMS, LLC,
Plaintiff,

v.

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RURAL COMMUNITY INSURANCE
AGENCY, INC., d/b/a RURAL
COMMUNITY INSURANCE SERVICES;
FIREMAN'S FUND INSURANCE COMPANY;
WILLIAM J. MURPHY, Administrator;
THOMAS JAMES VILSACK, Secretary; and
THE UNITED STATES OF AMERlCA
DEPARTMENT OF AGRlCULTURE, RlSK
MANAGEMENT AGENCY;
Defendants.

ORDER

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As explained in open court and incorporated herein by reference, the court GRANTS the
motion to dismiss of Rural Community Insuranc.e Agency, Inc. and Fireman's Fund Insurance
Company [D.E. 52]. See Fed. R. Civ. P. 12(b)(6). The court GRANTS in part and DENIES in part
the motion to dismiss of William J. Murphy, Thomas James Vilsack, and the United States
Department ofAgriculture, Risk Management Agency (collectively "federal defendants") [D .E.48].
Count one against the federal defendants survives the motion to dismiss, but count two against the
federal defendants fails to state a claim upon which relief can be granted and is dismissed. See Fed.
R. Civ. P. 12(b)(6).
SO ORDERED. This JL day of October 2014.

~S C. DEVER III
Chief United States District Judge