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15-169 - Adkins et al v. US Department of Agriculture et al


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15-169 - Adkins et al v. US Department of Agriculture et al
October 6, 2016
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REPORT AND RECOMMENDATION on review of a final decision of the National Appeals Division, a division of the USDA. It is recommended that the district court REVERSE the decision to delay implementation of the APH Yield Exclusion for the 2015 crop year for winter wheat. This matter should be REMANDED for further proceedings consistent with this recommendation. Because the parties have not consented to proceed before a United States Magistrate Judge, the undersigned directs the Clerk of Court to REASSIGN this case to Senior District Judge Sam R. Cummings in accordance with SO 3:301. (Ordered by Magistrate Judge E. Scott Frost on 10/6/2016) (jak) Modified on 10/6/2016 (jak).
January 6, 2017
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**Withdrawn per 37** ORDER. The Court finds that the final decision of the National Appeals Division was arbitrary, capricious or otherwise not in accordance with law and the decision should be set aside. The matter is REMANDED for further proceedings consistent with the Report and Recommendation 31 as adopted by this Order. (Ordered by Senior Judge Sam R Cummings on 1/6/2017) (mmg) Modified on 1/18/2017 (jak).
May 12, 2017
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ORDER. The Court ADOPTS the findings and conclusions of the Magistrate Judge contained in 31 Report and Recommendation as the findings and conclusions of the Court. The Court finds that the final decision of the National Appeals Division was arbitrary, capricious or otherwise not in accordance with law and the decision should be set aside. The Court REVERSES the decision to delay implementation of the APH Yield Exclusion for the 2015 crop year for winter wheat and REMANDS this matter for further proceedings consistent with the Report and Recommendation of the United States Magistrate Judge as adopted by this Order. (Ordered by Senior Judge Sam R Cummings on 5/12/2017) (mmg)