25 Fla. L. Weekly Fed. D187a
ORDER ON CROSS MOTIONS
FOR SUMMARY JUDGMENT
1. Completely abate . . . demand of overpayment and have [Plaintiffs] removed from the FCIC ineligible tracking system list along with a statement by [ProAg] that [the] listing was [ProAg’s] error. 2. Remit additional indemnity in the total amount due owed to [Plaintiffs] under [their claims]. 3. Reimburse [Plaintiffs] for all attorney fees and costs accruing and incurred as a result of [ProAg’s] wrongful actions . . . . 4. Pay consequential damages incurred by [Plaintiffs] as a result of [ProAg’s] wrongful violations in the amount of $500,000 and pay punitive damages to halt [ProAg’s] general business practice that has impugned [Plaintiffs and their business] in the amount of $500,000.
b. Response to the civil remedy notices
Additionally, Plaintiffs would also have had ProAg disobey its reporting obligations, even though regulations unequivocally obligated ProAg to report its suspicions to the RMA immediately. Finally, after RMA confirmed ProAg’s suspicions, ProAg could no longer settle Plaintiffs’ claims without acting unlawfully.
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