UNITED STATES DEPARTMENT OF
AGRICULTURE
BEFORE THE SECRETARY OF AGRICULTURE
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In re: |
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Gregory A. Deakin, |
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d/b/a
Banner Sale Management Service, |
P&S-D Docket No. 22-J-0021 |
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Respondent. |
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ORDER
GRANTING UNOPPOSED MOTION TO DISMISS
Appearances:
Chloe Bourne, Esq., Office of the General Counsel, Mountain
Region, United States Department of Agriculture, Lakewood, CO, for the
Complainant, Deputy Administrator, Fair Trade Practices Program, Agricultural
Marketing Service (“AMS�); and
Greg Deakin, pro se Respondent
This is a proceeding under the Packers
and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. §§ 181
et seq.) (“Act�), and the Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes (7
C.F.R. §§ 1.130 et seq.) (“Rules of Practice�).
The matter initiated with a complaint filed on January 5, 2022
by the Deputy Administrator of the Fair Trade Practices Program, Agricultural
Marketing Service, United States Department of Agriculture
(“Complainant�), alleging Gregory A. Deakin, doing business as Banner
Sale Management Service (“Respondent�), willfully violated the Act
and the regulations promulgated thereunder (9 C.F.R. §§ 201.1 et
seq.).[1]
On
July 8, 2022, Complainant through counsel filed an unopposed motion to dismiss
the case without prejudice. In support thereof, Complainant states:
1.
Respondent
passed away on June 12, 2022.
2.
Considering
Respondent’s passing, Complainant seeks to have this case dismissed
without award of costs, disbursements, or attorney’s fees to any party.
3.
Undersigned
counsel for Complainant conferred with Respondent’s estate
representative, who does not oppose the relief requested.
Unopposed
Motion to Dismiss at 1. Good cause having been shown, the following Order shall
be entered.
1. Complainant’s Unopposed Motion
to Dismiss is GRANTED.
2. Docket No. 22-J-0021, regarding
Gregory A. Deakin, d/b/a Banner Sale Management Service, is hereby DISMISSED
without prejudice and without award of costs, disbursements, or attorney’s
fees to any party.
Copies
of this Order shall be served upon the parties and counsel by the Hearing
Clerk.
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Done at
Washington, D.C., |
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this 11th
day of July 2022
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Hearing Clerk’s Office
U.S. Department of Agriculture
South Building, Room 1031
1400 Independence Avenue, SW
Washington, DC 20250-9203
Tel: 202-720-4443
Fax: 1-844-325-6940