J and M Gutierrez, Inc. v. United States Department of Agriculture

E.D. North Carolina

J and M Gutierrez, Inc. v. United States Department of Agriculture

CourtDistrict Court, E.D. North Carolina

DecidedNovember 24, 2020

Docket5:19-cv-00542

StatusUnknown

This text of J and M Gutierrez, Inc. v. United States Department of Agriculture (J and M Gutierrez, Inc. v. United States Department of Agriculture) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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J and M Gutierrez, Inc. v. United States Department of Agriculture, (E.D.N.C. 2020).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:19-CV-542-D

J AND M GUTIERREZ, INC., ) ) Plaintiff, ) ) v. ) ORDER ) UNITED STATES DEPARTMENT OF _ ) AGRICULTURE, ) . ) Defendant. )

On April 24, 2020, the United States Department of Agriculture (“defendant”) moved to dismiss plaintiff s complaint for lack of subject-matter jurisdiction or, alternatively, for failure to state a claim upon which relief can be granted [D.E. 10] and filed a memorandum in support [D.E. 11]. See Fed. R. Civ. P. 12(b)(1), (6). On June 23, 2020, plaintiff responded in opposition [DE. 15]. Having reviewed the record and governing law under the governing standard, the court DENIES defendant’s motion to dismiss [D.E. 10]. See, e.g., Affum v. United States, 566 F.3d 1150, 1154-55, 1160-61 (D.C. Cir. 2009); Simone Enters., LLC v. U.S. Dep’t of Agric., No. 11-CV-301, 2011 WL 3236222, at *3 (E.D. Wis. July 27, 2011 (unpublished); Dasmesh Enters., Inc. v. United States, 501 F. Supp. 2d 1033, 1039-40 (W.D. Mich. 2007); 7 C.F. R. §§ 278.6(£)(1), 279.7(a). SO. ORDERED. This 24 day of November 2020.

4. Dever J S C. DEVER II United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:19-CV-542-D

J AND M GUTIERREZ, INC., ) ) Plaintiff, ) ) v. ) ORDER ) UNITED STATES DEPARTMENT OF _ ) AGRICULTURE, ) . ) Defendant. )

On April 24, 2020, the United States Department of Agriculture (“defendant”) moved to dismiss plaintiff s complaint for lack of subject-matter jurisdiction or, alternatively, for failure to state a claim upon which relief can be granted [D.E. 10] and filed a memorandum in support [D.E. 11]. See Fed. R. Civ. P. 12(b)(1), (6). On June 23, 2020, plaintiff responded in opposition [DE. 15]. Having reviewed the record and governing law under the governing standard, the court DENIES defendant’s motion to dismiss [D.E. 10]. See, e.g., Affum v. United States, 566 F.3d 1150, 1154-55, 1160-61 (D.C. Cir. 2009); Simone Enters., LLC v. U.S. Dep’t of Agric., No. 11-CV-301, 2011 WL 3236222, at *3 (E.D. Wis. July 27, 2011 (unpublished); Dasmesh Enters., Inc. v. United States, 501 F. Supp. 2d 1033, 1039-40 (W.D. Mich. 2007); 7 C.F. R. §§ 278.6(£)(1), 279.7(a). SO. ORDERED. This 24 day of November 2020.

4. Dever J S C. DEVER II United States District Judge

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J and M Gutierrez, Inc. v. United States Department of Agriculture, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-and-m-gutierrez-inc-v-united-states-department-of-agriculture-nced-2020.

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