August 2013

On August 12, 2013, an evidentiary hearing was held on Plaintiffs’ request for attorneys’ fees and for injunctive relief that would require the AQHA to register clones and their offspring. 

Following the hearing, U.S. District Judge Mary Lou Robinson informed counsel that she would grant an injunction requiring the AQHA to register horses produced by cloning and their offspring.

On August 14, 2013, the court entered an order (which can be accessed here) setting forth specific changes and additions to AQHA rules and regulations, which, according to the order, the judge is considering for inclusion in the injunction. The order requires that any objections to the proposed rule changes be submitted by noon on August 19, 2013.

The court has not yet ruled on Plaintiffs’ request for nearly $900,000 in attorneys’ fees. The court ordered the Plaintiffs to furnish their billing statements to AQHA, and also ordered AQHA to file any objection to the request for attorney’s fees, by August 14, 2013. A copy of AQHA’s objection to Plaintiffs’ attorneys’ fees, filed yesterday, can be found here.  

AQHA’s primary objection to Plaintiffs’ fee request is the fact that the jury did not award any damages to Plaintiffs. Plaintiffs had sought $5.7 million in damages and sought to treble those damages under the antitrust laws for a total of $17.1 million. However, the jury awarded Plaintiffs zero damages.

At this point, the court has not yet entered final judgment in favor of Plaintiffs. According to this press release, AQHA will file a Motion for Judgment as a Matter of Law after entry of final judgment. In that motion, AQHA will request that the Court enter a take nothing judgment in favor of AQHA based on the fact that the jury’s verdict was not supported by the evidence. Should the court not grant AQHA’s motion, AQHA will file a notice of appeal thereby starting the appellate process.

Case Information: Abraham & Veneklasen Joint Venture, et al v. American Quarter Horse Association; Cause No. 2:12-CV-00103-J in the U.S. District Court for the Northern District of Texas (Amarillo Division)

Related Posts:

Federal Jury Rules Against AQHA in Cloning Suit

Federal Lawsuit Alleges AQHA Cloned Horse Registration Policy Violates Antitrust Law

On August 2, 2013, judge Christina Armijo of the United States District Court for the District of New Mexico in Albuquerque granted a 30-day temporary restraining order preventing the commencement of horse slaughter at two plants—Valley Meat Co. LLC in Roswell, New Mexico and Responsible Transportation in Sigourney, Iowa.

Earlier this summer, both of those plants had received Food Safety Inspection Services (FSIS) permits, which allow placement of USDA personnel at processing plants to carry out horsemeat inspections. Horse processing was slated to begin at both plants on August 5, 2013.

This would have been the first time horse slaughter had taken place in the U.S. since 2007, when a combination of court rulings and legislation caused the closure of the last two domestic processing plants operating in Illinois and Texas.

The lawsuit against the slaughter plants was brought by the Humane Society of the United States and other groups who oppose horse slaughter.

According to some sources, the court’s ruling was based on an allegedly flawed environmental review of one or both of the plants. Further, the court has reportedly prohibited USDA inspectors from further involvement with the plants. 

Arsonists set fire to Valley Meat Company’s plant on or around July 30, 2013, just before the plant was scheduled to commence operations. “They tried to burn the place down,” Valley Meat Co. owner Rick De Los Santos said in reference to opponents who have been making threats against the company over the past year.

A bond hearing is scheduled for today, whereby the court will determine the amount of money the plaintiffs must put up as a bond to cover the plants’ economic losses, in the event that plaintiffs lose the suit.