Legislative:
ANTLE MARKETING, INC., & CASTELLINI COMPANY, LLC PLAINTIFFS v. A.J. PASSAFIUME SONS, INC., et al. DEFENDANTS. Additional Party Names: Anthony Passafiume Jr., Pamela Passafiume, Rhonda Passafiume-Moss, Sebastian Passafiume, Teresa Passafiume, No. 3:18-CV-246-CRS, 2018 WL 5929642 (W.D. Ky. Nov. 13, 2018); the Court is called upon to determine what Defendant A.J. Passafiume Sons, Inc. (“Passafiume”) is. Plaintiffs Antle Marketing, Inc. and Castellini Company, LLC have asserted that Passafiume is a “commission merchant” or “dealer” of fresh produce such that it falls under the Perishable Agricultural Commodities Act (PACA). DN 12. The Defendants’ motion to dismiss disagrees, thus challenging this Court’s jurisdiction to hear the case.  In the alternative, Defendants urge us to find that the Plaintiffs’ amended complaint does not state a claim upon which relief can be granted. To those allegations, Plaintiffs have responded in opposition. Defendants have, in turn, replied.  Finding it plausible that Passafiume is a “dealer” within the meaning of PACA and that the Individual Defendants could be liable under the amended complaint, the Court denied the motion to dismiss.

ANNJEANETTE GILLIS, et al., Plaintiffs, v. MURPHY-BROWN, LLC d/b/a SMITHFIELD HOG PRODUCTION DIVISION, Defendant., No. 7:14-CV-185-BR, 2018 WL 5928010 (E.D.N.C. Nov. 13, 2018); 
Case involving concentrated animal feeding operations, facing lawsuits from neighbors faced two preliminary motions.
Motion for reconsideration for Summary Judgment based on Right to farm was denied.  Motion in Limine to limit evidence of political lobbying is denied.

KATHLEEN ELAINA HOFFMAN, Appellant V. THE STATE OF TEXAS, Appellee, No. 09-17-00172-CR, 2018 WL 5930308 (Tex. App. Nov. 14, 2018); 

The State charged Kathleen Elaina Hoffman in five separate causes of cruelty to livestock animals, alleging she failed to provide necessary food, water, or care arising out of her treatment of over two hundred horses.  A jury convicted Kathleen in all five causes. The trial judge assessed punishment of one year in the Montgomery County Jail for each case, to be served concurrently, and a $4,000 fine in each case. Kathleen’s sentence was suspended, and she was placed on community supervision for eighteen months. Kathleen appeals her convictions.
In four issues, Kathleen argues: (1) the judgments should be reversed for a new trial with separate trial counsel because appellants’ trial counsel was ineffective; (2) the judgments should be reversed based on Brady and Michael Morton Act violations; (3) the judgments should be reversed and an acquittal entered because the evidence is factually insufficient in each case; and (4) the judgments should be reversed and dismissed with prejudice because appellants were prosecuted twice for the same offenses violating the Double Jeopardy Clauses of the United States and Texas Constitutions. The court affirms the convictions on all counts.

HERMAN EDWARD HOFFMAN, Appellant V. THE STATE OF TEXAS, Appellee, No. 09-17-00177-CR, 2018 WL 5930444 (Tex. App. Nov. 14, 2018); 

The State charged Herman Edward Hoffman in five separate causes of cruelty to livestock animals, alleging he failed to provide necessary food, water, or care arising out of his treatment of over two hundred horses.  A jury convicted Herman in all five causes. See id. The trial judge assessed punishment of one year in the Montgomery County Jail for each case, to be served concurrently, and a $4,000 fine in each case. Herman appeals his convictions.
In four issues, Herman argues: (1) the judgments should be reversed for a new trial with separate trial counsel because appellants’ trial counsel was ineffective; (2) the judgments should be reversed based on Brady and Michael Morton Act violations; (3) the judgments should be reversed and an acquittal entered because the evidence is factually insufficient in each case; and (4) the judgments should be reversed and dismissed with prejudice because appellants were prosecuted twice for the same offenses violating the Double Jeopardy Clauses of the United States and Texas Constitutions. The court affirms the convictions on all counts.
STATE OF TENNESSEE v. MATTHEW EDWARDS, No. E201702329CCAR3CD, 2018 WL 5972775 (Tenn. Crim. App. Nov. 14, 2018)
Defendant, Matthew Edwards, was convicted of two counts of cruelty to animals against a pony and a dog. The trial court sentenced Defendant to an effective sentence of eleven months and twenty-nine days. On appeal, Defendant argues that: (1) the evidence was insufficient for a rational juror to have found him guilty of two counts of cruelty to animals beyond a reasonable doubt, and (2) the trial court erred in allowing the State to admit evidence of Defendant’s prior statutory rape conviction. The court affirms the conviction.
LEGISLATIVE:

S. 140: A bill to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund; a bill to provide that the pueblo of Santa Clara may lease for 99 years certain restricted land, and H.R. 986, the Tribal Sovereignty Act of 2017.  Info HERE

H.R. 6146: Cottonwood Land Exchange Act of 2018; To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes. Info HERE

REGULATORY:

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of azoxystrobin in or on beet, sugar, roots and vegetable, root, except sugar beet, subgroup 1B. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Notice: Environmental Protection Agency (EPA); EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Info HERE

Notice and request for comments: National Agricultural Statistics Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Generic Clearance for Survey Research Studies. Burden hours and number of contacts will be increased to accommodate the proposed testing for the upcoming three year period. Info HERE

Notice and request for comments: National Agricultural Statistics Service, USDA.In accordance with the Paperwork Reduction Act of 1995 this notice announces the intention of the National Agricultural Statistics Service (NASS) to seek approval to conduct a new information collection to gather data related to what types of technologies are used on farms during a specified reference period. This clearance will allow NASS to conduct surveys in a timely manner for the cooperating institutions providing funding for the surveys. Info HERE

Proposed collection; comments requested: Rural Business-Cooperative Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service’s intention to request an extension for a currently approved information collection. Info HERE

Notice: Rural Business-Cooperative Service, USDA; This notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) Programs for fiscal year (FY) 2019, subject to the availability of funding. This notice is being issued in order to allow applicants sufficient time to leverage financing, prepare and submit their applications, and give the Agency time to process applications within FY 2019. Successful applications will be selected by the Agency for funding and subsequently awarded to the extent that funding may ultimately be made available through appropriations. An announcement on the website at http://www.rd.usda.gov/​newsroom/​notices-solicitation-applications-nosaswill identify the amount received in the appropriations.  All applicants are responsible for any expenses incurred in developing their applications. Info HERE

Notice of Solicitation of Applications (NOSA): Rural Utilities Service, USDA; The Rural Utilities Service (RUS), an Agency of the United States Department of Agriculture (USDA), announces that it is accepting applications for fiscal year (FY) 2019 for the Rural Broadband Access Loans and Loan Guarantees Program (the Broadband Program). RUS will publish the amount of funding received through the final appropriations act on its website at https://www.rd.usda.gov/​newsroom/​notices-solicitation-applications-nosas.  RUS is accepting applications on a rolling basis throughout FY 2019. This will give RUS the ability to request additional information and modifications to a submitted application whenever necessary.  Applications will be processed on a first come, first served basis. Every 90 days, RUS will conduct an evaluation of the submitted applications. During the evaluation period, applications will be ranked based on the percentage of unserved households that the applicant proposes to serve. RUS will conduct at least two evaluation periods for FY 2019. Because the Agency will receive applications throughout the fiscal year, subsequent evaluation periods can alter the ranking of applications.  In addition to announcing its acceptance of FY 2019 applications, RUS revises the minimum and maximum amounts for broadband loans for the fiscal year.  Info HERE

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