Gallo Cattle Company, a California Limited Partnership v. The United States Department of Agriculture

WHALEY, District Judge:

Gallo Cattle Company appeals the district court’s dismissal of its Complaint for lack of subject matter jurisdiction. Gallo, a milk producer required under federal law to pay assessments to the National Dairy Promotion and Research Board, is currently challenging the constitutionality of these assessments in an ongoing administrative proceeding before the Secretary of Agriculture. In the administrative proceeding Gallo sought permission to escrow current and future assessments pending resolution of the administrative proceeding. Gallo’s request was denied and Gallo…