Thomas Bolick, for Complainant. Respondent, Pro se. Order issued by Marc R. Hillson, Administrative Law Judge. Complainant's motion to dismiss the complaint is granted. It is ordered that the complaint filed herein on September 23, 2003, be dismissed without prejudice, this the 14th day of November, 2003. In re: LESLIE GRICHE. Margaret Burns, for Complainant. Order issued by Jill S. Clifton, Administrative Law Judge. Complainant, the Administrator of the Animal and Plant Health Inspection Service, United Stated Department of Agriculture, filed a Motion to Withdraw Complaint on December 11, 2003. Complainant requested that the Complaint, filed on August 29, 2001, be withdrawn. Accordingly, this case is hereby ordered DISMISSED. Copies of this Order shall be served by the Hearing Clerk upon each of the parties. In re: PACIFIC NORTHWEST SUGAR COMPANY. SMA Docket No. 03-0003. Order. Filed September 12, 2003. Jeffrey Kahn, for Respondent. Petitioner, William C. Bridgeforth. Order issued by Leslie B. Holt, Administrative Law Judge. Pacific Northwest Sugar Company's petition is granted and its appeal is dismissed with prejudice. 62 Agric. Dec. 707 Copies of this Order shall be served by the Hearing Clerk upon each of the parties. GENERAL DEFAULT DECISIONS AGRICULTURAL MARKETING AGREEMENT ACT In re: BETTY JEAN EASTERLING AND EASTERLING FARMS, INC. AMAA Docket No. 02-0005. Decision and Order issued by Marc R. Hillson, Administrative Law Judge. This proceeding was instituted under the Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. § 601 et seq. (The "Act"), by a complaint filed by the Administrator of the Agricultural Marketing Service, United States Department of Agriculture, alleging that the respondents willfully violated the Marketing Order Vidalia Onions Grown in Georgia, 7 C.F.R. Part 955 (the "Vidalia Onion Order"). A copy of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. §§ 1.130-1.151, were served on respondents by regular mail on April 3, 2002. Respondents were informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation. The respondents have failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondents' failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law. This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. § 1.139. Findings of Fact and Conclusions of Law 1. Respondent Betty Jean Easterling is an individual whose mailing address is Route 5, Box 135, Glennville, Georgia 30427. At all times material hereto, said Respondent was a "handler" as that term is defined in the Act, 7 62 Agric. Dec. 708 U.S.C. § 608c(1), and the Vidalia Onion Order, 7 C.F.R. § 955.6. 2. Respondent Easterling Farms, Inc., is a corporation whose mailing address is Route 5, Box 135, Glennville, Georgia 30427. At all times material hereto, said Respondent was a "handler" as that term is defined in the Act, 7 U.S.C. § 608c(1), and the Vidalia Onion Order, 7 C.F.R. § 955.6. 3. From July 2001 to the present, the Respondents have willfully violated sections 955.60 and 955.101 of the Vidalia Onion Order, 7 C.F.R. §§ 955.60, 955.101, by failing to file with the Vidalia Onion Committee monthly reports of the Respondents' receipts and shipments of Vidalia onions. 4. From July 2001 to the present, the Respondents have willfully violated sections 955.42 and 955.142 of the Vidalia Onion Order, 7 C.F.R. §§ 955.42, 955.142, by failing to remit $12,148.08 in assessments owed in the 2001 fiscal period, plus late payment charges and accrued interest thereon. Conclusions 1. The Secretary has jurisdiction in this matter. 2. The following Order is authorized by the Act and warranted under the circumstances. Order 1. Respondents are jointly and severally assessed a civil penalty of $2,200, which shall be paid by a certified check or money order made payable to the Treasurer of the United States. 2. Respondents, their agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder, and in particular. (a) shall cease and desist from failing to pay the Vidalia Committee $12,148.08 in past due assessments, plus interest of one percent per month pursuant to section 955.142 of the Vidalia Onion Order and from paying any and all assessments which may become due in the future under the Vidalia Onion Order; and (b) shall cease and desist from failing to file past due monthly reports of receipts and shipments of Vidalia onions and from filing reports which may become due in the future under the Vidalia Onion Order. The provisions of this order shall become effective on the first day after this decision become final. Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice, 7 C.F.R. §§ 1.142 and 1.145. Copies of this decision shall be served upon the parties. [This Decision and Order became final October 1, 2003.-Editor] |