The July 16, 2012 hearing in the federal court case filed by SHOW HIO and others contesting the USDA's newly-adopted mandatory penalty structure has been canceled.  The parties were unable to agree on what evidence or other materials the Court should consider in ruling on the issues presented in the lawsuit.  Consequently, the process will now be broken into two phases. 

Pursuant to an Order entered by the Judge on July 13, 2012, the Court will first rule on the issue of what evidence should be considered.  The parties will file their evidence and will have until August 7th to object to any evidence presented by the other side which they do not believe the Court should consider.  The response to any such objection will be due twenty-one (21) days later.  Once the Court has ruled on the evidentiary issues, a briefing schedule will be issued to address the issues raised by the suit itself.