United States District Court, D. Minnesota
Kerber, pro se.
A. Blumenfield, United States Attorney's Office, Counsel
MEMORANDUM OF LAW & ORDER
Michael J. Davis United States District Judge
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.
to Plaintiff's Statement of Claim:
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
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.
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.
Standard for Motion to Dismiss for Lack of Subject ...