Lion Raisins, Inc. v. United States Department of Agriculture

MEMORANDUM DECISION AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Before the court are cross-motions for summary judgment filed by Defendant United States Department of Agriculture (“USDA”) and Plaintiff Lion Raisins, Inc. (“Lion”). The parties seek summary judgment on Lion’s claims asserted in its First Amended Complaint (“FAC”). Most of these claims arise under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , et seq.

The following background facts are taken from the parties’ submissions in connection with the motion and other documents on file in this case.

II. BACKGROUND

A. Lion And The Investigation Into Its Purported Misconduct

Lion, a family-owned business since 1903, is the largest raisin packer and raisin exporter in California. Lion prides itself on its ability to guarantee exacting standards of quality and condition that are demanded by its overseas buyers.

Lion is governed by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. §§ 601-627 , and a federal marketing order, 7 C.F.R. §§ 989.1-989.801 , that regulate the sale of raisins. See Lion Raisins Inc. v. U.S. Dep’t of Agric., 354 F.3d 1072, 1076 (9th Cir.2004). The marketing…