Hung Hy Nguyen Dba Mekong Market v. United States of America, Raymond Bertrand Dba Ray's Groceries v. United States

Our consideration of these appeals is limited to deciding the scope of our remands after prior appeals. We must determine whether the trial court, after remand, properly permitted amendment to the pleadings raising new issues.

The Department of Agriculture, Food and Nutrition Service (FNS) disqualified Raymond Bertrand and Hung Hy Nguyen for one year from participating in the Food Stamp Program because of violation of the Program’s regulations. On appeal, the district court granted partial summary judgment for Bertrand and Nguyen and denied the government’s motions for summary judgment, holding that the maximum penalty authorized was a thirty day disqualification. The government appealed to us and this panel held in Bertrand’s case that imposition of a one year disqualification was not arbitrary or capricious [and] reverse[d] and remand[ed] for entry of summary judgment in favor of the government.

726 F.2d 518, 522 (9th Cir.1984). With respect to Nguyen, a different panel of this court ordered:

In Bertrand , on remand, the district court did not enter judgment in favor of the government. Instead, on June 22, 1984, it granted a motion by Bertrand, over the government’s…