NorCal Nursery, Inc. v. USA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NORCAL NURSERY, INC, No. 2:20-cv-00868-MCE-DMC Plaintiff, v. MEMORANDUM AND ORDER UNITED STATES OF AMERICA, et al., Defendants. 16 Plaintiff NorCal Nursery, Inc. (“Plaintiff”) seeks damages against Defendants United States of America, the United States Department of Agriculture, the United States Department of Agriculture-Agricultural Research Service, and two federal officials1 (hereinafter collectively referred to as the “United States” or the “government” unless otherwise indicated) for their alleged role in negligently disseminating and mislabeling a strawberry plant species provided to Plaintiff. The United States now moves to dismiss Plaintiff’s lawsuit for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1) 2, on grounds that Plaintiff’s allegations are in essence

1 Defendant George Irvin Perdue II is sued in his official capacity as Secretary of the United States 26 Department of…