61 Agric. Dec. 289 2. Respondent Jerry Goetz, d/b/a Jerry Goetz and Sons, is assessed a civil penalty of $69,804.49 which shall be paid by certified check or money order, made payable to the Treasurer of the United States, and forwarded to: Sharlene A. Deskins United States Department of Agriculture Office of the General Counsel Marketing Division 1400 Independence Avenue, SW Washington, DC 20250-1417 Respondent's payment of the civil penalty shall be forwarded to, and received by, Ms. Deskins within 70 days after service of this Order on Respondent. 3. Respondent Jerry Goetz, d/b/a Jerry Goetz and Sons, shall pay past-due assessments and late-payment charges of $66,913 which shall be paid by certified check or money order, made payable to the Kansas Beef Council, and forwarded to: Kansas Beef Council Topeka, KS 66614-5129 Respondent's payment of the past-due assessments and late-payment charges shall be forwarded to, and received by, the Kansas Beef Council within 70 days after service of this Order on Respondent. In re: ROYAL CREST DAIRY, INC. FMP Docket No. 01-0001. Order Dismissing Petition-Order Canceling Hearing. Gregory Cooper, for Respondent. F.J. "Rick" Dindinger II, for Petitioner. Order issued by James W. Hunt, Administrative Law Judge. Petitioner's unopposed motion to dismiss its petition is granted. The petition is dismissed without prejudice. The hearing scheduled for November 6, 2002, in Denver, Colorado, is canceled. In re: NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. FSP Docket No. 01-0003. Order Dismissing Appeal. Gena R. Kochran, for Appellee. Order issued by James W. Hunt, Administrative Law Judge. Appellant moves to withdraw its appeal on the ground that it and Appellee have reached a settlement. Appellee does not oppose the motion to withdraw. Accordingly, the motion to withdraw is granted and the appeal is dismissed without prejudice. In re: STATE OF WISCONSIN, DEPARTMENT OF WORKFORCE DEVELOPMENT. FSP Docket No. 01-0004. Order Dismissing Case. Filed February 11, 2002. Gena R. Kochran, for Appellee. Howard I. Bernstein, for Appellant. Order issued by Jill S. Clifton, Administrative Law Judge. By letter dated February 6, 2002, the Wisconsin State agency withdrew its appeal, due to a settlement agreement. Accordingly, this case is hereby dismissed. Copies of this Order shall be served by the Hearing Clerk upon each of the parties. The Hearing Clerk is requested to show the addresses to which the copies were mailed, and the mailing dates. 61 Agric. Dec. 291 In re: STATE OF OREGON, DEPARTMENT OF HUMAN SERVICES CHILDREN, ADULTS AND FAMILIES. FSP Docket No. 02-0002. Order Dismissing Case. Filed June 20, 2002. Jill R. Maze, for Appellant. Jim Neely, for Appellee. Order issued by Jill S. Clifton, Administrative Law. Judge. By letter dated June 6, 2002, the Oregon State agency withdrew its appeal, due to a plan submitted on May 30, 2002. Appellee U.S. Department of Agriculture, Food and Nutrition Service, has no objection. Accordingly, this case is hereby dismissed. Copies of this Order shall be served by the Hearing Clerk upon each of the parties. The Hearing Clerk is requested to show the addresses to which the copies were mailed, and the mailing dates. In re: ROGER IVINS, AN INDIVIDUAL; AND FANNIE IVINS, AN INDIVIDUAL. HPA Docket No. 01-0005. Order Dismissing Complaint as to Fannie Invins. Filed February 1, 2002. Sharlene Deskins for Complainant. Carthel L. Smith, Jr., for Respondent. Order issued by James W. Hunt, Administrative Law Judge. The joint motion of attorneys for Complainant and Respondents Roger Ivins and Fannie Ivins to dismiss the complaint as to Respondent Fannie Ivins is granted. The complaint as to Respondent Fannie Ivins is dismissed. In re: DERWOOD STEWART AND RHONDA STEWART, d/b/a STEWART'S NURSERY, a/k/a STEWART'S FARM, STEWART'S FARM & NURSERY, THE DERWOOD STEWART FAMILY, AND STEWART'S NURSERY FARM STABLES. HPA Docket No. 99-0028. Stay Order as to Derwood Stewart. Filed March 4, 2002. Colleen A. Carroll, for Complainant. L. Thomas Austin and Jennifer Mitchell, for Respondent. On September 6, 2001, I issued a Decision and Order as to Derwood Stewart: (1) concluding that on October 28, 1998, Derwood Stewart [hereinafter Respondent] violated the Horse Protection Act of 1970, as amended (15 U.S.C. §§ 1821-1831), when he entered a horse for the purpose of showing or exhibiting the horse in the 30th Anniversary National Walking Horse Trainers Show, while the horse was sore; (2) assessing Respondent a $2,200 civil penalty; and (3) disqualifying Respondent for 1 year from showing, exhibiting, or entering any horse and from managing, judging, or otherwise participating in any horse show, horse exhibition, horse sale, or horse auction. In re Derwood Stewart (Decision as to Derwood Stewart), 60 Agric. Dec. 570 (2001). On February 22, 2002, Respondent filed a Motion for Stay requesting a stay of the Order in In re Derwood Stewart (Decision as to Derwood Stewart), 60 Agric. Dec. 570 (2001), pending the outcome of proceedings for judicial review. On February 25, 2002, the Hearing Clerk transmitted the record to the Judicial Officer for a ruling on Respondent's Motion for Stay. On February 25, 2002, Colleen A. Carroll, counsel for the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture [hereinafter Complainant], contacted the Office of the Judicial Officer by telephone and informed me that Complainant does not object to Respondent's Motion for Stay. Respondent has appealed In re Derwood Stewart (Decision as to Derwood Stewart), 60 Agric. Dec. 570 (2001), to the United States Court of Appeals for the Sixth Circuit. Stewart v. United States Dep't of Agric., No. 01-4204 (6th Cir. Nov. 14, 2001). Therefore, in accordance with 5 U.S.C. § 705, Respondent's Motion for Stay is granted. For the foregoing reasons, the following Order should be issued. ORDER The Order issued in In re Derwood Stewart (Decision as to Derwood Stewart), 60 Agric. Dec. 570 (2001), is stayed pending the outcome of proceedings for judicial review. This Stay Order as to Derwood Stewart shall 61 Agric. Dec. 293 remain in effect until it is lifted by the Judicial Officer or vacated by a court of competent jurisdiction. In re: AUDREY PALAPALA, a.k.a. AUDREY P. BASQUES. P.Q. Docket No. 01-0023. Order Withdrawing Complaint and Dismissing Case. Filed March 28, 2002. Margaret Burns, for Complainant. Order issued by Dorothea A. Baker, Administrative Law Judge. Complainant's March 27, 2002, Motion to Withdraw Complaint is granted. It is hereby ordered the Complaint, filed herein on September 4, 2001, be withdrawn. Accordingly, this case is hereby dismissed. Copies of this Order shall be served by the Hearing Clerk upon each of the parties. The Hearing Clerk is requested to show the addresses to which the copies were mailed, and the mailing dates. In re: MIDASA PASCUA. P.Q. Docket No. 02-0003. Order Dismissing Complaint. Tracey Manoff, for Complainant. Respondent, Pro se. Order issued by James W. Hunt, Administrative Law Judge. Pursuant to Complainant's motion, the complaint filed in this matter on December 19, 2001, is dismissed without prejudice. |