J.O.C. Farms, L.L.C. v. Vilsack et al

Filing 28

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.)

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IN THE UNITED STATES lJISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:16-CV-288-D J.O.C. FARMS, LLC., Plaintiff, v. ) ) ) ) ORDER ) ) ) 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, ) Defendants. ) 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 [D.E. 27]. 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. See,~. 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 Inc., No. 4:11-CV-00035-F, 2012 WL 525537, at *2--4 (E.D.N.C. Feb. 16, 2012) (unpublished); Tafas v. Dudas, 530 F. Supp. 2d 786, 794--99 (E.D. Va. 2008).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. 2

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