Garmo et al v. United States of America et al
||Freddy Garmo and Steven Garmo
||United States of America and Tom Vilsack
||October 20, 2010
||US District Court for the Southern District of California
||San Diego Office
||Barbara Lynn Major
||Jeffrey T. Miller
|Nature of Suit:
||Other Food & Drug
|Cause of Action:
|Jury Demanded By:
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|January 18, 2012
ORDER granting Defendant's 12 Motion for Summary Judgment. This case is appropriate for summary judgment, because the facts are not disputed. Plaintiffs' challenges to the TOCMP all fail. The formula used by the FNS to calculate fines is not arbitrary and capricious. There is no indication that Congress intended the agency to consider additional factors in assessing TOCMP's. Signed by Judge Jeffrey T. Miller on 1/18/2012. (jah)
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