Now to set the record straight, I did talk with the USDA about this lawsuit, asking if the mandated penalties will still be in place even though this lawsuit is going on. They said YES. So this doesn't mean that everyone gets a free pass--THE MANDATED PENALTIES ARE CURRENTLY IN PLACE. If you don't believe me, write to Drs. Gipson and Cezar yourself.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
SHOW, INC.; CONTENDER FARMS, L.L.P.; AND MIKE McGARTLAND,
UNITED STATES DEPARTMENT OF AGRICULTURE,
Civil Action No. 4:12-cv-429-Y
The Honorable Terry R. Means
JOINT STIPULATION TO CANCEL HEARING AND SET BRIEFING SCHEDULE
Plaintiffs SHOW, Inc., Contender Farms, and Mike McGartland and Defendant United States Department of Agriculture, by and through their undersigned counsel, hereby stipulate to a cancellation of the consolidated hearing on Plaintiffs’ request for preliminary injunction and trial on the merits, currently set for July 16, 2012 at 10 a.m.
The parties agree that the combined hearing and trial is unnecessary in this case and that final resolution should be reached based on cross-motions for judgment on the evidentiary record as determined by to the Court. However, the parties disagree about what evidence the Court can consider when reviewing an agency’s decision. Accordingly, the parties submit the following schedule for briefing what should
constitute the evidentiary record before the Court and the merits of Plaintiffs’ claims:
- Plaintiffs will file their evidence with the court on July 16, 2012, per the court’s prior order, Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 1 of 3 PageID 641
- Defendant shall have until Tuesday, July 17, 2012 to submit all documents and things that they believe should be considered by the Court in this case.
- A party may file a motion seeking to exclude all or part of another party’s submission no later than August 7, 2012. The submitting party shall have twenty one days to respond to the motion.
- Once the Court has ruled on all outstanding motions concerning the scope of the record in this case, the parties shall submit a proposed briefing schedule for resolving the merits of Plaintiffs’ claims.
Dated: July 12, 2012
STUART F. DELERY
Acting Assistant Attorney General
SARAH R. SALDAÑA
United States Attorney
JOHN R. GRIFFITHS
Assistant Branch Director
/s/ Nathan M. Swinton
NATHAN M. SWINTON (NY Bar)
JOSEPH W. MEAD (MI Bar)
Federal Programs Branch
U.S. Department of Justice, Civil Division
20 Massachusetts Avenue, NW
Telephone: (202) 305-7667
Fax: (202) 616-8470
Counsel for Defendant
Texas State Bar No. 24043588
Kirkley & Berryman, L.L.P
Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 2 of 3 PageID 642
100 N. Forest Park Blvd., Suite 220
Fort Worth, Texas 76102
Texas State Bar No. 03054500
2400 Indian Cove
Fort Worth, Texas 76108
Attorneys for Plaintiffs
Case 4:12-cv-00429-Y Document 22 Filed 07/12/12 Page 3 of 3 PageID 643