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.)

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2012) (unpublished); Tafas v. Dudas, 530 F. Supp. 2d 786, 794--99 (E.D. Va. 2008).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.

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