J.O.C. Farms, L.L.C. v. Rural Community Insurance Agency, Inc., et al
| J.O.C. Farms, L.L.C. |
| Rural Community Insurance Agency, Inc., Fireman's Fund Insurance Company, William J. Murphy, Thomas James Vilsack and The United States Department of Agriculture, Risk Management Agency |
| 4:2012cv00186 |
| August 9, 2012 |
| US District Court for the Eastern District of North Carolina |
| Eastern Division Office |
| BEAUFORT |
| Louise Wood Flanagan |
| Insurance |
| 05 U.S.C. ยง 702 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
81
JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the court DENIES the federal defendants' motion for summary judgment. The case is REMANDED to the United States Department of Agriculture to determine whether there is evidence that JOCs 2009 t obacco crop suffered from plant disease, whether such plant disease, if any, entitles JOC to an additional indemnity amount, and whether RCIS applied the proper methods when calculating JOCs indemnity payment. IT IS FURTHER ORDERED, ADJUDGED, AND DEC REED that in accordance with the courts order entered on October 31, 2014, Rural Community Insurance Agency, Inc. and Firemans Fund Insurance Companys motion to dismiss is GRANTED. The clerk shall close the case. Signed by Julie Richards Johnston, Clerk of Court on 9/17/2015. (Jenkins, C.)
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Filing
67
ORDER granting in part and denying in part 48 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction and granting 52 Motion to Dismiss for Failure to State a Claim - The court GRANTS the motion to dismiss of Rural Community Insurance Agency, Inc. and Fireman's Fund Insurance Company. The court GRANTS in part and DENIES in part the motion to dismiss of William J. Murphy, Thomas James Vilsack, and the United States Department of Agriculture, Risk Ma nagement Agency ("federal defendants"). Count one against the federal defendants survives the motion to dismiss, but count two against the federal defendants fails to state a claim upon which relief can be granted and is dismissed. Signed by Chief Judge James C. Dever III on 10/31/2014. (Tripp, S.)
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Filing
45
ORDER granting 44 Motion to File Manual Exhibits. Signed by Chief Judge James C. Dever III on 6/9/2014. (Sawyer, D.)
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Filing
38
ORDER granting 37 Motion for Status Conference. The court hereby directsMagistrate Judge Gates to hold a status conference in this action. Judge Gates will contact the parties concerning the schedule for the status conference. Signed by Chief Judge James C. Dever III on 5/9/2014. (Sawyer, D.)
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Filing
32
ORDER granting 24 Motion to Stay Discovery; denying 26 Motion to Transfer Case; granting 12 MOTION to Enforce Agreement to Arbitrate and to Stay Proceedings; and denying 12 Motion to Dismiss - Plaintiff is ORDERED to submit its brea ch of contract claim to binding arbitration in the manner provided for in the arbitration agreement. This action shall be and the same is hereby STAYED pending arbitration, pursuant to 9 U.S.C. §§ 3, 4. The Clerk is DIRECTED to remove this case from the court's active docket, with leave for any party to move to reinstate the same on the active docket at the conclusion of arbitration proceedings. Signed by District Judge Louise Wood Flanagan on 02/08/2013. (Baker, C.)
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