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

Filing 81

JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court DENIES the federal defendants' motion for summary judgment. The case is REMANDED to the United States Department of Agriculture to determine whether there is evidence that JOCs 2009 t obacco crop suffered from plant disease, whether such plant disease, if any, entitles JOC to an additional indemnity amount, and whether RCIS applied the proper methods when calculating JOCs indemnity payment. IT IS FURTHER ORDERED, ADJUDGED, AND DEC REED that in accordance with the courts order entered on October 31, 2014, Rural Community Insurance Agency, Inc. and Firemans Fund Insurance Companys motion to dismiss is GRANTED. The clerk shall close the case. Signed by Julie Richards Johnston, Clerk of Court on 9/17/2015. (Jenkins, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
J.O.C. FARMS, LLC.,

)
)
Plaintiff,
)
)
v.
)
)
)
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 AMERICA DEPARTMENT OF
)
AGRICULTURE, RISK MANAGEMENT
)
AGENCY;
)
)
Defendants.
)

JUDGMENT
No. 4:12-CV-186-D

Decision by Court.
This action came before the Honorable James C. Dever III, Chief United States District Judge, for
ruling as follows:
IT IS ORDERED, ADJUDGED, AND DECREED that the court DENIES the federal
defendants' motion for summary judgment. The case is REMANDED to the United States
Department of Agriculture to determine whether there is evidence that JOC’s 2009 tobacco crop
suffered from plant disease, whether such plant disease, if any, entitles JOC to an additional
indemnity amount, and whether RCIS applied the proper methods when calculating JOC’s
indemnity payment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that in accordance with the
court’s order entered on October 31, 2014, Rural Community Insurance Agency, Inc. and
Fireman’s Fund Insurance Company’s motion to dismiss is GRANTED. The clerk shall close the
case.
This Judgment Filed and Entered on September 17, 2015, and Copies To:
Hugh Stevens

(via CM/ECF electronic notification)

Michael J. Tadych

(via CM/ECF electronic notification)

Michael L. Shor

(via CM/ECF electronic notification)

Neal Fowler

(via CM/ECF electronic notification)

DATE

JULIE RICHARDS JOHNSTON, CLERK

September 17, 2015

By:

/s/ Crystal Jenkins
Deputy Clerk