Dupree Farms, LLC v. United States Department of Agriculture, et al
| Dupree Farms, LLC |
| United States Department of Agriculture, Risk Management Agency and Federal Crop Insurance Corporation |
| 5:2023cv00360 |
| June 30, 2023 |
| US District Court for the Eastern District of North Carolina |
| Robert B Jones |
| Richard E Myers |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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| Document Text |
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| Filing 10 Notice filed by Dupree Farms, LLC regarding #8 MOTION Direct Reference to Bankruptcy Court, Notice of Deficiency,,,, Supplement Statement Regarding Consultation with and Position of Opposing Party. (Sink, Kevin) |
| NOTICE OF DEFICIENCY regarding #8 Motion for Direct Reference to Bankruptcy Court. Counsel's motion fails to comply with Chief Judge Myers's practice preferences as it relates to prior consultation with the opposing party and the views of opposing party within the motion. On or before 8/28/2023, counsel is directed to file a supplemental statement containing the movant's efforts to confer with opposing counsel and the opposing counsel's position on the relief requested. Additionally, pursuant to Local Civil Rule 7.1(b)(3), Section V(I)(3) of the CM/ECF Policy and Procedures Manual, and the aforementioned practice preferences, parties must file a proposed order with any non-dispositive motion. Please file the proposed order using the 'Proposed Order' event in the Responses and Replies category and link it back to the motion to which it corresponds. Counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly) |
| Filing 9 Memorandum in Support regarding #8 MOTION Direct Reference to Bankruptcy Court filed by Dupree Farms, LLC. (Sink, Kevin) |
| Filing 8 MOTION Direct Reference to Bankruptcy Court filed by Dupree Farms, LLC. (Sink, Kevin) |
| Filing 7 Notice of Appearance filed by Michael James on behalf of United States Department of Agriculture. (James, Michael) |
| Notice to Counsel regarding: #6 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance to be recognized by the court as counsel of record for a party. Attorney Wendell L. Hoskins II will not appear on the docket as counsel of record for the Defendant until a proper appearance by Attorney Hoskins is filed with the court. (McNally, Kimberly) |
| Filing 6 Notice of Special Appearance for non-district by Kevin L. Sink on behalf of Dupree Farms, LLC. (Sink, Kevin) |
| Filing 5 Notice of Appearance filed by Kevin L. Sink on behalf of Dupree Farms, LLC. (Sink, Kevin) |
| Filing 4 Summonses Issued as to Federal Crop Insurance Corporation, Risk Management Agency, United States Department of Agriculture. (McNally, Kimberly) |
| Notice to Counsel regarding: #2 Complaint. Counsel is reminded "Exhibit 1" is not a sufficient description. Failure to properly identify exhibits in future filings will result in a notice of deficiency and require a refile. (McNally, Kimberly) |
| SECOND Notice to Counsel. Counsel shall file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (McNally, Kimberly) |
| Filing 3 Financial Disclosure Statement by Dupree Farms, LLC (Sink, Kevin) |
| Filing 2 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 030855.), filed by Dupree Farms, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Defendant Federal Crop Insurance Corporation, #3 Proposed Summons Defendant Federal Crop Insurance Corporation, #4 Proposed Summons Defendant Risk Management Agency, #5 Proposed Summons Defendant Risk Management Agency, #6 Proposed Summons Defendant Risk Management Agency, #7 Proposed Summons Defendant United States Department of Agriculture, #8 Proposed Summons Defendant United States Department of Agriculture, #9 Index Exhibit Index, #10 Exhibit Exhibit 1 - Decision Letter from RMA, #11 Exhibit Exhibit 2 - Dupree Farms Appeal Letter, #12 Exhibit Exhibit 3 - Appeal Determination, #13 Exhibit Exhibit 4 - Request for Director Review, #14 Exhibit Exhibit 5 - Director Review Determination, #15 Exhibit Exhibit 6 - Final Agency Determination, #16 Exhibit Exhibit 7 - Final Agency Determination FAD-193, #17 Exhibit Exhibit 8 - Final Agency Determination FAD-240) (Sink, Kevin) Modified on 7/6/2023 to identify exhibits (McNally, Kimberly). |
| Filing 1 CORRECTED AND REFILED AT #2 COMPLAINT against Federal Crop Insurance Corporation, Risk Management Agency, United States Department of Agriculture ( Filing fee $ 402 receipt number ANCEDC-7163587.), filed by Dupree Farms, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - Several exhibits to complaint.) (Sink, Kevin) Modified on 6/30/2023 to describe exhibits. (Rudd, D.) Modified on 7/6/2023 (McNally, Kimberly). |
| NOTICE OF DEFICIENCY regarding #1 Complaint. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Rudd, D.) |
| Notice to Counsel regarding: #1 Complaint - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.) |
| Notice to Counsel - The address information in the signature block for Kevin L. Sink on the complaint does not match the information that the court has in its CM/ECF database. Counsel should email the updated law firm information to the clerk's office at NCED-AttomeyUpdate@nced.uscourts.gov. Once updated, the new contact information will be reflected on the docket of all cases in which counsel entered an appearance. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Dupree Farms, LLC. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
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