Binion et al v. United States Department of Agriculture et al (MAG+)
||Robert R. Binion, John A Wright, Bernice Atchison, Ferrell Oden and Michael Stovall
||United States Department of Agriculture and Tom Vilsack
||August 11, 2016
||US District Court for the Middle District of Alabama
||Susan Russ Walker
||William Keith Watkins
|Nature of Suit:
||Review or Appeal of Agency Decision
|Cause of Action:
||05 U.S.C. § 702
|Jury Demanded By:
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|September 28, 2017
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Plfs' 33 Objections are OVERRULED; 2) The 32 Recommendation is ADOPTED; 3) Dfts' 20 motion to dismiss Plfs' Pigford litigation claims for lack of subject matter is GRA NTED, and Plfs' Pigford litigation claims are DISMISSED without prejudice; 4) Dfts' 20 alternative motion for summary judgment is DENIED as moot; 5) Dfts' 22 motion to dismiss Plf Oden's non-Pigford claims due to improper venu e is GRANTED, and Oden's non-Pigford claims are DISMISSED without prejudice; 6) Dfts' 22 motion to dismiss Plf Stovall's non-Pigford claims due to improper venue is DENIED as moot on grounds that Plf Stovall did not state a non-Pigfo rd claim in the amended complaint; 7) Dfts' 22 alternative motion to dismiss pursuant to FRCP 12(b)(6) and Dfts' 22 alternative motion for summary judgment as to the non-Pigford litigation claims is DENIED as moot; 8) Plfs' 25 mo tion for partial summary judgment is DENIED as moot; 9) Plfs' 26 motion to defer consideration of the motions to dismiss is DENIED as moot; 10) Plfs' 28 motion to submit a tendered order is DENIED as moot; 11) Plfs' 30 motion to bifurcate is DENIED as moot; 12) Plfs' 30 motion to transfer venue is DENIED; 13) Plfs' 34 & 35 motions to amend are DENIED; 14) Plfs' 34 motion for summary judgment is DENIED; 15) The 17 motion compel is DENIED as moot; 16) This action is DISMISSED without prejudice. Signed by Chief Judge William Keith Watkins on 9/28/2017. (wcl, )
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