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Kerber v. Carver County Farm Service Agency

United States District Court, D. Minnesota

December 11, 2018

WAYNE KERBER, Plaintiff,
v.
CARVER COUNTY FARM SERVICE AGENCY and UNITED STATES DEPARTMENT OF AGRICULTURE, Defendants.

          Wayne Kerber, pro se.

          Chad A. Blumenfield, United States Attorney's Office, Counsel for Defendants.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Judge

         I. INTRODUCTION

         This matter is before the Court on Defendants' Motion to Dismiss. [Docket No. 19] The Court heard oral argument on November 15, 2018. Plaintiff has not responded to the motion to dismiss and did not appear for oral argument.

         II. BACKGROUND

         A. Factual Background

         According to Plaintiff's Statement of Claim:

         On October 22, 2015, Defendant the Carver County Farm Service Agency entered into a Conservation Reserve Program contract with regard to farmland Plaintiff Wayne Kerber co-owns with his sibling. Plaintiff's sibling forged Plaintiff's signature on the contract and on other documents. Plaintiff asked the Carver County Farm Service Agency and Defendant the United States Department of Agriculture (“USDA”) for information about the documents, but Defendants denied that Plaintiff's signature was forged and refused to give him access to information he requested. Plaintiff asserts that he was damaged by having to return the land that had been fraudulently enrolled in the Conservation Reserve Program to its original state as agricultural production land.

         B. Procedural History

         On February 22, 2018, Plaintiff filed a Statement of Claim and Summons against the Carver County Farm Service Agency and the USDA in Minnesota Conciliation Court in the First Judicial District, Carver County. [Docket No. 1-1] He asserts that Defendants owe him $5, 530 plus filing fees and costs of $85.

         On March 30, 2018, Defendants removed the matter to this Court based on the fact that a United States agency is a defendant. [Docket No. 1] Defendants now move to dismiss this matter based on lack of subject matter jurisdiction, failure to exhaust administrative remedies, or failure to state a claim.

         III. DISCUSSION

         A. Standard for Motion to Dismiss for Lack of Subject ...


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