J.O.C. Farms, L.L.C. v. Vilsack et al
ORDER denying 19 Motion to Dismiss for Failure to State a Claim. The parties shall file cross-motions for summary judgment by November 13, 2017. Signed by Chief Judge James C. Dever III on 10/11/2017. (Briggeman, N.)
IN THE UNITED STATES lJISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
J.O.C. FARMS, LLC.,
SONNY PERDUE, Secretary of
Agriculture for the United States of America, )
HEATHER MANZANO, Administrator for )
the Risk Management Agency, United States )
Department of Agriculture, and the
RISK MANAGEMENT AGENCY, United )
States Department of Agriculture,
On June 15, 2017, defendants moved to dismiss plaintiff's verified complaint for failure to
state a claim upon which relief can be granted, or alternatively for judgment on the pleadings [D.E.
19], and filed a memorandum in support [D.E. 20]. On July 28, 2017, plaintiff responded in
opposition and requested discovery in this case [D.E. 26]. On August 10, 2017, defendants replied
The court denies defendants' motion to dismiss [D.E. 19]. The court also denies plaintiff's
motion for discovery because plaintiff has not met its burden of proving that discovery is proper
in this case under the Administrative Procedure Act.
NVE. Inc. v. Dep't of Health &
Human Servs., 436 F.3d 182, 195 (3d Cir. 2006); Voyageurs Nat'l ParkAss'n v. Norton, 381 F.3d
759,766 (8th Cir. 2004); Commercial Drapery Contractors. Inc. v. United States, 133 F.3d 1, 7-8
(D.C. Cir. 1998); Fort Sumter Tours. Inc. v. Babbitt, 66 F .3d 1324, 1335-36 (4th Cir. 1995); United
States v. Rouseco. Inc., No. 4:11-CV-00035-F, 2012 WL 525537, at *2--4 (E.D.N.C. Feb. 16,
2012) (unpublished); Tafas v. Dudas, 530 F. Supp. 2d 786, 794--99 (E.D. Va. 2008).
In sum, the court DENIES defendants' motion to dismiss [D.E. 19]. The parties shall file
cross-motions for summary judgment by November 13, 2017.
SOORDERED. This_l_f dayof0ctober2017.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?