CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

U.S. District Court

EASTERN DISTRICT OF NORTH CAROLINA (Eastern Division)
CIVIL DOCKET FOR CASE #: 4:09-cv-00217-FL

Harrell and Owens Farm v. Federal Crop Insurance Date Filed: 12/23/2009
Corporation et al Jury Demand: Defendant
Assigned to: Chief Judge Louise Wood Flanagan Nature of Suit: 890 Other Statutory
Cause: 28:1331 Fed. Question: Review Agency Decision Actions
Jurisdiction: Federal Question
Plaintiff
Harrell and Owens Farm represented by Charles E. Coble
Brooks Pierce McLendon Humphrey &
Leonard, LLP
P. O. Box 1800
Wachovia Capitol Center
150 Fayetteville St., Suite 1600
Raleigh, NC 27602
919-839-0300
Fax: 919-839-0304
Email: ccoble@brookspierce.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Federal Crop Insurance Corporation represented by Neal Fowler
a corporation within the United States U. S. Dept. of Justice
Department of Agriculture 310 New Bern Ave.
Suite 800
Raleigh, NC 27601
919-856-4530
Fax: 856-4821
Email: neal.fowler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Matthew Lee Fesak

U.S. Attorney's Office
310 New Bern Ave.
Ste. 800, Federal Bldg.

1 of 6 9/7/10 12:12 PM
CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

Raleigh, NC 27601-1461
919-856-4844
Email: matthew.fesak@usdoj.gov
TERMINATED: 08/30/2010
ATTORNEY TO BE NOTICED

Defendant
United States Department of represented by Matthew Lee Fesak
Agriculture, Risk Management (See above for address)
Agency TERMINATED: 08/30/2010
LEAD ATTORNEY

Neal Fowler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
ACE Property and Casualty represented by Derek M. Crump
Insurance Company Brown, Crump, Vanore & Tierney
PO Box 1729
Raleigh, NC 27602
919-835-0909
Fax: 835-0915
Email: dcrump@bcvtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Rain and Hail, LLC represented by Derek M. Crump
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

12/23/2009 1 COMPLAINT against Federal Crop Insurance Corporation, United States
Department of Agriculture, Risk Management Agency, ACE Property and
Casualty Insurance Company, Rain and Hail, LLC ( Filing fee $ 350 receipt
number 04170000000001059982.), filed by Harrell and Owens Farm.
(Attachments: # 1 Exhibit A -- Final Agency Decision, # 2 Exhibit B --
Arbitration Award, # 3 Civil Cover Sheet, # 4 Supplement Summons for Federal
Crop Insurance Corporation, # 5 Supplement Summons to United States
Department of Agriculture, Risk Management Agency, # 6 Supplement

2 of 6 9/7/10 12:12 PM
CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

Summons to ACE Property and Casualty Insurance Company, # 7 Supplement

Summons to Rain and Hail LLC) (Coble, Charles) (Entered: 12/23/2009)
12/23/2009 2 FINANCIAL DISCLOSURE STATEMENT by Harrell and Owens Farm.
(Coble, Charles) (Entered: 12/23/2009)
12/28/2009 3 Summonses Issued as to Federal Crop Insurance Corporation, United States
Department of Agriculture, Risk Management Agency, ACE Property and
Casualty Insurance Company, Rain and Hail, LLC. Counsel should print
summonses to effect service. (Baker, C.) (Entered: 12/28/2009)
02/11/2010 4 MOTION to Vacate Arbitration Award by Harrell and Owens Farm. (Coble,
Charles) (Entered: 02/11/2010)
02/11/2010 5 MOTION for Extension of Time to File Supporting Memorandum by Harrell
and Owens Farm. (Attachments: # 1 Text of Proposed Order) (Coble, Charles)
(Entered: 02/11/2010)
02/12/2010 Motions Submitted: 5 MOTION for Extension of Time to File Supporting
Memorandum submitted to Chief Judge Flanagan for consideration. (Baker, C.)
(Entered: 02/12/2010)
02/12/2010 6 NOTICE of Appearance by Derek M. Crump on behalf of ACE Property and
Casualty Insurance Company, Rain and Hail, LLC (Crump, Derek) (Entered:
02/12/2010)
02/16/2010 7 ORDER granting 5 Motion for Extension of Time to File Brief in Support of
Motion to Vacate Arbitration Award. Signed by Chief Judge Louise Wood
Flanagan on 02/16/2010. Copies served electronically. (Baker, C.) (Entered:
02/16/2010)
02/23/2010 8 WAIVER OF SERVICE Returned Executed by Harrell and Owens Farm. ACE
Property and Casualty Insurance Company waiver sent on 1/8/2010, answer due
3/9/2010; Rain and Hail, LLC waiver sent on 1/8/2010, answer due 3/9/2010.
(Coble, Charles) (Entered: 02/23/2010)
02/23/2010 9 AFFIDAVIT of Service for Summons and Complaint served on Federal Crop
Insurance Corporation on 1/5/2010, filed by Harrell and Owens Farm. (Coble,
Charles) (Entered: 02/23/2010)
02/23/2010 10 AFFIDAVIT of Service for Summons and Complaint served on United States
Department of Agriculture, Risk Management Agency on 1/5/2010, filed by
Harrell and Owens Farm. (Coble, Charles) (Entered: 02/23/2010)
02/26/2010 11 NOTICE of Appearance by Matthew Lee Fesak on behalf of Federal Crop
Insurance Corporation, United States Department of Agriculture, Risk
Management Agency (Fesak, Matthew) (Entered: 02/26/2010)
02/26/2010 12 ANSWER to 1 Complaint, by Federal Crop Insurance Corporation, United
States Department of Agriculture, Risk Management Agency. (Fesak, Matthew)

3 of 6 9/7/10 12:12 PM
CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

(Entered: 02/26/2010)
03/02/2010 13 MOTION for Extension of Time to File Answer re 1 Complaint, by ACE
Property and Casualty Insurance Company, Rain and Hail, LLC. (Crump,
Derek) (Entered: 03/02/2010)
03/02/2010 14 Proposed Order re 13 MOTION for Extension of Time to File Answer re 1
Complaint, Proposed Order filed by ACE Property and Casualty Insurance
Company, Rain and Hail, LLC. (Crump, Derek) (Entered: 03/02/2010)
03/02/2010 MOTIONS REFERRED: 13 MOTION for Extension of Time to File Answer re
1 Complaint, referred to Clerk of Court. (Baker, C.) (Entered: 03/02/2010)
03/03/2010 15 ORDER granting 13 Motion for Extension of Time to Answer. ACE Property
and Casualty Insurance Company's and Rain and Hail, LLC's answers due
3/31/2010.Signed by Clerk of Court on 03/03/2010. Copies served
electronically. (Baker, C.) (Entered: 03/03/2010)
03/30/2010 16 ANSWER to 1 Complaint, with Jury Demand by ACE Property and Casualty
Insurance Company, Rain and Hail, LLC. (Crump, Derek) (Entered:
03/30/2010)
04/14/2010 17 INITIAL ORDER REGARDING PLANNING AND SCHEDULING -
Discovery Plan due by 5/19/2010. Signed by Chief Judge Louise Wood
Flanagan on 04/14/010. Copies served electronically. (Baker, C.) (Entered:
04/14/2010)
05/12/2010 18 Rule 26(f) Report (joint) by Harrell and Owens Farm, Federal Crop Insurance
Corporation, United States Department of Agriculture, Risk Management
Agency, ACE Property and Casualty Insurance Company, Rain and Hail, LLC.
(Coble, Charles) (Entered: 05/12/2010)
05/19/2010 19 CASE MANAGEMENT ORDER - Discovery shall be bifurcated in this case
with the initial phase relating to plaintiff's petition for judicial review of a final
agency determination and the second phase relating to plaintiff's motion to
vacate the arbitration award. Proposed administrative record shall be served
upon plaintiff by 05/21/2010 and be filed by 05/28/2010. Plaintiff's shall file
objections and/or proposed additions to the administrative record by 06/04/2010.
Plaintiff shall file its brief in support of its petition for judicial review by
07/05/2010. Response shall be due by 08/06/2010. Reply shall be filed by
08/20/2010. This case does not properly fall within a category of case
automatically to be selected for mediation. Signed by Chief Judge Louise Wood
Flanagan on 05/15/2010. Copies served electronically. (Baker, C.) (Entered:
05/19/2010)
05/28/2010 20 MOTION To Submit Compact Discs - re: 19 Order, by Federal Crop Insurance
Corporation, United States Department of Agriculture, Risk Management
Agency. (Attachments: # 1 Text of Proposed Order) (Fesak, Matthew) (Entered:
05/28/2010)

4 of 6 9/7/10 12:12 PM
CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

05/28/2010 21 NOTICE by Federal Crop Insurance Corporation, United States Department of

Agriculture, Risk Management Agency - re: 19 Order, Part 1 of Defendant's
Administrative Record Pages 1-79 (Attachments: # 1 Pages 80-163) (Fesak,
Matthew) (Entered: 05/28/2010)
05/28/2010 22 NOTICE by Federal Crop Insurance Corporation, United States Department of
Agriculture, Risk Management Agency - re: 19 Order, Part 2 of Defendant's
Administrative Record Pages 164-243. (Attachments: # 1 Pages 244-324)
(Fesak, Matthew) (Entered: 05/28/2010)
05/28/2010 23 NOTICE by Federal Crop Insurance Corporation, United States Department of
Agriculture, Risk Management Agency - re: 21 Notice-(other), 22 Notice-(other)
Part 3 of Defendant's Administrative Pages 325-363. (Attachments: # 1 Pages
364-404) (Fesak, Matthew) (Entered: 05/28/2010)
05/28/2010 24 NOTICE by Federal Crop Insurance Corporation, United States Department of
Agriculture, Risk Management Agency - re: 23 Notice-(other), Notice-(other),
21 Notice-(other), 22 Notice-(other) Part 4 of Defendant's Administrative
Record Pages 405-464. (Attachments: # 1 Pages 465-513) (Fesak, Matthew)
(Entered: 05/28/2010)
05/28/2010 Motions Submitted: 20 MOTION To Submit Compact Discs re 19 Order
submitted to Chief Judge Flanagan for consideration. (Baker, C.) (Entered:
05/28/2010)
06/04/2010 25 ORDER granting 20 Motion to Submit Compact Discs. Defendants' counsel
shall electronically file a notice of filing on the docket to reflect the offer of the
compact discs to conform the court's docket to reflect submission of this
material by defendants. Signed by Chief Judge Louise Wood Flanagan on
06/04/2010. Copies served electronically. (Baker, C.) (Entered: 06/04/2010)
06/09/2010 26 NOTICE by Federal Crop Insurance Corporation, United States Department of
Agriculture, Risk Management Agency. (Notice of Filing Compact Disk) (Fesak,
Matthew) (Entered: 06/09/2010)
07/05/2010 27 Memorandum in Support - re: 1 Complaint - Memorandum in Support of
Petition for Judicial Review filed by Harrell and Owens Farm. (Attachments: # 1
Exhibit A -- Unpublished Case) (Coble, Charles) (Entered: 07/05/2010)
08/06/2010 28 Memorandum in Opposition reference 27 Memorandum in Support filed by
Federal Crop Insurance Corporation and United States Department of
Agriculture, Risk Management Agency. (Fesak, Matthew) (Entered:
08/06/2010)
08/20/2010 29 Memorandum in Support - re: 1 Complaint Reply in Support of Petition for
Judicial Review filed by Harrell and Owens Farm. (Attachments: # 1 Exhibit A
-- Arbitrator's Award) (Coble, Charles) (Entered: 08/20/2010)

5 of 6 9/7/10 12:12 PM
CM/ECF - NCED https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?461585012060...

08/20/2010 Remark - All documentation relating to plaintiff's petition for judicial review of
a final agency decision determination submitted to Chief Judge Flanagan for
consideration. (Baker, C.) (Entered: 08/20/2010)
08/30/2010 30 Notice of Substitution of Counsel by Neal Fowler on behalf of Federal Crop
Insurance Corporation, United States Department of Agriculture, Risk
Management Agency substituting for Mathew L. Fesak. (Fowler, Neal)
(Entered: 08/30/2010)

PACER Service Center

Transaction Receipt
09/07/2010 15:11:16
PACER Login: nh0877 Client Code: rcp
Description: Docket Report Search Criteria: 4:09-cv-00217-FL
Billable Pages: 4 Cost: 0.32

6 of 6 9/7/10 12:12 PM