Happy New Year – Southeast #Local!

Oh, my, we southerners are a bit intense about our New Year’s Day traditional meal! And since I’m getting more and more driven to identify and support ‘local’ growers, or at least farmers I know, I wanted my New Year’s tradition to include as much ‘local’ as possible.

From Southern Living to Garden and Gun to newspaper columnists to bloggers, paper pages and digital pages are filled with recipes for traditional New Year dishes like Hoppin’ John with rice, cornbread, black-eyed peas straight-up and black-eyed peas in salads and dips, and greens – always the greens (with vinegar, please!)

Are other parts of the country as crazy about a New Year’s Day tradition such as this?  (Tell me, please! What New Year traditions do you have?)

Anyhow, while I eat most foods produced in the US knowing we have the safest food supply in the world, of late I am getting more and more curious about where the farms are from which that food comes.  I often ask myself “Am I supporting a neighbor?” when I make a purchase.

I guess you could call me a proud, ‘consciously local’ consumer!

Most farmers in agriculture sell products on the ‘commodity’ market, and by so doing, it is very easy for the farmers’ faces to get lost, and a consumer has no idea which farms in which areas of the country they are supporting.

Because my family has farmed for at least three generations, and because I work on a daily basis with farmers who produce all sorts of products (milk, crops, beef, pork, chicken, lamb, farmers market produce & flowers, etc.), I am increasingly drawn to the question “How are we all going to be able to continue farming for another generation?”  “Can we financially be able to do that?”

While there are many factors that play into answering those questions, one of the main factors that enable a farm to stay in business is that sales of the products they are able to grow must have a viable market.  That ‘market’ must be of a volume large enough to sell a significant quantity of product to justify the expense of growing a crop.

I also am a great believer in viable farm neighborhoods local to me, or in some cases, which support a group of like-minded farmers I know. Those farms are sometimes 50 miles, most often 250-300 miles, and sometimes 500 miles or more from my East Tennessee stomping grounds.

So, I decided to play a ‘local’ game with my New Year’s Day meal – or as much as I could on a less-than-24 hour thought.   I shopped at 5 different food retailers in my small East Tennessee town, which included 2 mid-size grocery chains, 2 small grocery chains, and 1 dollar store. With a few more days thought (and more cooking time), I probably could have added a few more products, but time just ran out.

Here’s what I came up with (a combination of cooked from scratch and mixes of things out of a very convenient can), plus using milk and cornmeal that were already on hand :

3441_a_local_new_years_supper_f Breaking it down:

From Tennessee:  Buttermilk from Mayfield Dairy Farm, which buys milk from most East Tennessee dairy farms (likely 75% or more of the milk produced in East TN).  Since our farm grows corn which goes to a feed mill which in turn sells feed to those herds, this brand (and private labels which come from plants 47-131 and 13-230, as well as Weigel’s) is often in my fridge.  The cornmeal mix for the cornbread had a White Lily brand, but no East Tn wheat or corn would have been in that bag. [It would have approximately 20 years ago, before they closed their Knoxville mill.]

My pork (a smoked shoulder butt) was smoked by some ‘local’ friends who live in the same town I do, and purchased from a local food ‘bulk-sales’ retailer, but I have no idea where the hog houses are in which that pork (delicious) was finished!

From Louisiana: I tried a Brown Long Grain rice from Louisiana (approximately 700 miles or an 11 hour drive away).  Rice is not grown in Tennessee, and likely can’t very easily, so this was as close as I could get.  It was also my first time -ever – cooking rice the old-fashioned, long-time way on top of a stove!  (That also fit a  2017 resolution – new dishes, and new methods to cook.).  I was really pleased when I went to the Supreme Rice website to meet the growers – I feel like we could have the same language about John Deeres and such!  But that LA accent? Well, that would take an in person visit to see if we could understand the spoken word!

From South Carolina: My Black-eyed Peas and Greens (Margaret Holmes brand) were of the conveniently canned variety.  Following a label reference to McCall Farms, I also met the southeast farmers who likely grew these New Year’s staples.  These growers live about 350 miles and 5 and half hours from my table, so I could drop by on my next trip to the SC coast!  (‘On the way” is another form of local, isn’t it?!?)

I may not wait for a holiday or special occasion to play my next ‘how local can I make it?” game.  Would you consider joining me, and making a game of it?

Happy “Local Eating” New Year!

The Dougherty Dispersal: The Cows Come First in a Tornado’s Aftermath

 

000_blan_sales_flyer_final_9dec_agcentral

UPDATE – Dec. 13th:  Catalog (DHIA pages) now postedlink here . . 

At 1:30 am on Nov. 30, an EF-2 Tornado wreaked horrific damage to Polk and McMinn Counties, in Tennessee’s most southeast corner.

In Polk County, TN, a couple lost their lives and an estimated 50 structures or houses were either totally destroyed or severely damaged.

Among the areas receiving the worst property damage was a roadway that’s long been known as one of Tennessee’s most beautiful farming corridors, TN Hwy 307.  At one end, the roadway is anchored by the Mayfield Dairy Farms Dairy Processing plant in the town of Athens, TN, and then runs for several miles up to Hwy. 68 in Monroe County.  In one very nice modular home subdivision on that highway, 30 structures were either totally destroyed or severely damaged.

Blan & Kathy Dougherty, long respected as being one of the best teams in Tennessee as both a dairy farming couple and agricultural and community leaders, owned the dairy operation which received by far the worst structural damage. In just a matter of a couple of minutes or less, their milking parlor was destroyed,  barns which sheltered their excellently-cared for cows were decimated, and the feedways where the cows ate were obliterated.

An article in the Athens, TN newspaper, the Daily Post-Athenian, relays more details.

Approximately 11 hours or less after the storm, and thanks to a great crew of family members, friends from area farms and agribusiness, and the generosity of a fellow farmer, 130 milking cows were relocated to a neighboring dairy farm, just over the GA state line, and only 45 miles away from the home farm.

Due to the devastating damage to their milk barn and animal housing facilities in that tornado, and the time it will take to repair them, Blan and Kathy concluded that it’s in the best interest of the cows to help them find new homes via an auction. This is one of Tennessee’s best herds. The milking herd and bred heifer dispersal will take place on Friday, December 16, at Noon, at the Athens Stockyard in Athens, TN.

The cows are receiving great care and extra attention at this temporary home, from caretakers who believe in animal welfare and have years of experience in taking care of high-producing dairy cows, and have really done exceptionally well. The Doughertys will keep some of their heifers while they make decisions about their future. This is an extremely difficult decision for any farmer to make, and we ask for folks to keep them in their thoughts and prayers during the transition. More information pertaining to the sale and individual cows will be posted before the sale.

000_blan_sales_flyer_final_9dec_agcentral

Final Payments to Farmer / Class Members in Southeast Milk Litigation Authorized by the Court

“The Checks Will Soon Be in the Mail,” may be a better headline.

An historic and record-setting food industry  class action that began in July of 2007 is now approaching completion nine and one-half years later. Final Settlement payments to farmer/class members in the Southeast Milk Litigation have been authorized by Judge Ronnie Greer, US District Court, Eastern District of Tennessee, Greeneville Division. Judge Greer issued his Orders on December 6, 2016.

A total Settlement Fund of over $280 Million was reached in three different settlements: one with Dean Foods, the second with Southern Marketing Agency and related entities, and the third with Dairy Farmers of America and Related Entities.  Payments began in January of 2013, and completed via annual payments.

In short, the final payments to farmer/class members in the Southeast Milk Litigation will shortly be in mailboxes, and should be received before or shortly after Christmas, 2016.

Farmers / Class members should be watching their mailboxes. Since previous payments have come in rather ordinary envelopes, recipients are advised to pay detailed attention to each envelope in their mailboxes, being careful to not lose Settlement payments with heavy mail volume common at this time of year. These are not electronic payments.

The class action began in July of 2007, when two original complaints were filed in US District Court, Middle District of Tennessee.  One complaint was filed on behalf of co-op member farmers, and one on behalf of independent farmers (those not belonging to a co-op).  The two complaints were consolidated in July of 2008 and redirected to the Eastern District of Tennessee, Greeneville Division, presided over by The Honorable Judge Ronnie Greer.

Farmer/Plaintiffs were represented by a team of antitrust attorneys from Baker-Hostetler, Washington, DC.  Led by Robert Abrams, the team included Greg Commins, and Danyll Foix, and a host of others during the course of the litigation.  Local plaintiff counsels in the District court included Thomas Jessee of Johnson City, and Steve Terry and Gary Brewer, Brewer & Terry of Morristown, TN.  When the complaints were filed, the same attorneys were with Howrey LLP, a law firm which dissolved during the course of the litigation.

The amended complaint is a great summary and timeline of the activities which eventually led to the Dean Foods Settlement in January of 2012, (first payments took place in January of 2013) and the DFA/Related Entities Settlement in January of 2013.  It should be noted that all defendants have fulfilled the terms of their settlement agreements, and that many (but not all) of the individuals named in the actions are no longer active in the named organizations.

During the course of the litigation, nearly 2 Million pages of legal documents were generated, many of which can be found at the litigation website.

With a 4-page Order of December 6, 2016, Judge Ronnie Greer, presiding Judge, authorized the fifth and final distribution of Dean Settlement funds.  In a separate but parallel action, he authorized the distribution of the Residual DFA Funds in a 3-page Order.  With these Orders entered on the Court’s record, Rust Consulting, Claims Administrator, will quickly begin writing and mailing checks to over 6,000 class members.

The ORDERS THEMSELVES FOLLOW:

First, The Order Authorizing Distribution of the Final Dean Foods Settlement Payment:

Order Fifth Dean Distribution.pdf

PAGE 2 _ ORDER, DEAN FOODS SETTLEMENT DISTRIBUTION

Order Fifth Dean Distribution.pdf

PAGE 3 -ORDER, DEAN FOODS SETTLEMENT DISTRIBUTION

Order Fifth Dean Distribution.pdf

PAGE 4 -ORDER, DEAN FOODS SETTLEMENT DISTRIBUTION

(The Judge’s signature, and then keep scrolling down for the DFA Payment Order.)

Order Fifth Dean Distribution.pdf

Second: ORDER Authorizing Distribution of the RESIDUAL DFA SETTLEMENT Funds:

Order DFA Residual Distribution.pdf

PAGE 2: ORDER Authorizing Distribution of the Residual DFA SETTLEMENT Funds

Order DFA Residual Distribution.pdf

Page 3: ORDER Authorizing Distribution of the RESIDUAL DFA SETTLEMENT Funds:

Order DFA Residual Distribution.pdf

From having done extensive review of documents related to this class-action case, along with attending most of the courtroom hearings and then reporting on various matters related to this litigation,  it is my fervent hope that all farmers make every effort to more fully understand the BIG BUSINESS of what happens to affect their milk checks.

If one wants to begin, they will read the 7-pages of legal documents above, then read the 60-page amended complaint , and  then re-read them, and re-read them, and then re-read them again.  Although these events described in these documents are now a part of dairy industry history, they will provide a foundation for understanding milk marketing. If a person does begin to read them, they need to remember that today’s markets will have changed, due to time, and the evolution of milk markets themselves.

Happy Reading!  Be Watching for those checks!

Sun Photo by Phil Gentry
Federal Court House

 

 

 

SE Milk Litigation: Appeal Deadline Expires, Dean Foods Payment 3 may be processed

Sun Photo by Phil GentryFederal Court House

The wait is apparently over for Dean Payment #3 per the Dean Foods/SMA Settlement Agreement in the Southeast Milk Litigation to be processed.

The deadline to file an Appeal to Judge Ronnie Greer’s October 16th, 2014 “Order Authorizing the Third Distribution of Dean Settlement Funds” has now expired. In this instance, an Appeal would have been filed with the US Court of Appeals for the 6th Circuit, located in Cincinnati, Ohio.

Unless official filing documents are received via the United States Postal Service at the Sixth Circuit offices with an appropriate postmark, payments can now be processed and mailed to producers.
Per Federal Court rules, there is a 30-day time frame in which an Appeal an Order may be filed, which may occur when Motions are filed prior to the entry of an Order.

According to court documents, a dairy farmer, who had become a board member of the SMA board following the Dean/SMA Settlement which became final in June of 2012, but prior to the DFA Settlement Agreement claims deadline of March 31,2013, received the first Dean Foods Settlement payment, but was denied the DFA Settlement Payment and Dean Payment #2.

This producer had filed a Motion asking the court to reinstate his eligibility for settlement payments, given the timing of his placement on the SMA Board. A clause was in all of the Settlement Agreements declaring Board Members of all defendant Co-ops to be ineligible for payments, but this specific instance of when a board position was filled was not addressed in the original documents, and so the Motion to reinstate was filed.

Producers who filed claims directly with Rust Consulting may expect that they will receive checks within a couple of weeks. Producers who used third-party filers may take a bit longer to receive their checks.
The amount in this cycle of checks will be similar to amounts producers received in the Dean Payment 2, paid to class members in September of 2013.

As far as future payments, producers can expect to receive their monies. Thus far, the defendants have been very responsible in depositing their monies in escrow accounts by the deadlines agreed upon in the original Settlement Agreements. This process is diligently monitored by the Court.

However, each payment cycle is always subject to various court proceedings, so the timing of receipts of payments by producers may vary. Two additional Dean Settlement Payments are set to be filed, one in 2015 and one in 2016. The possibility of an additional DFA payment remains if specified utilization rates are not reached by certain deadlines.

Class members should be aware that until the final payments are made, this is an ongoing legal matter, with a number of legal filings subject to changing subsequent payment schedules.

Producers will be notified of additional developments in this historic Class Action litigation when they occur. For a history of the case, including many official court documents, interested parties may visit http://www.southeastdairyclass.com.

Litigations are just one portion of the worldwide milkshed.

SE Milk Litigation: Court Approves Settlement Funds to be Paid to Farmers

Image(Greeneville, TN)  A simple 4-page Court Order, a culmination point for one of the most complex farm and food class action litigations in United States history, will return $85 Million dollars to Southeast dairy farm communities in the coming weeks.

 

In an Order entered on December 11, 2013, US District Judge J. Ronnie Greer approved the disbursement of the DFA Settlement Funds in the Southeast Milk Litigation, following a Motion filed by Plaintiff’s Attorneys for the Dairy Farmer Class on November 26, 2013.   The litigation is based in US District Court, Greeneville Division, Eastern District of Tennessee, in the Sixth Federal Circuit.

 

With that Order, checks can now be cut and distributed to 6,086 class members who will receive an average of $14,072.31 each.  However, if farmers elected to use third-party representation, those farmers will receive anywhere from 15% to 30% less, depending on the percentage of fees charged by the third-party filer they elected to use.   

 

Dairy Farmers of America, Inc., (DFA) and related entities National Dairy Holdings, LP (NDH), Dairy Marketing Services, LLC (DMS), Mid-Am Capital, LLC, and Gary Hanman entered into a Settlement Agreement in the class action lawsuit on January 17, 2013, and which was filed with the Court on January 21, 2013.   

 

They were the last remaining defendants to settle in the complex litigation, originally filed in July of 2007, a tenure of six and one-half years. Other defendants Dean Foods, Southern Marketing Agency (SMA), and James Baird finalized their settlement agreements in February of 2012, with final approval by the Court in June of 2012.  In the language of all settlements, none of the defendants admitted guilt to the allegations of antitrust and price-fixing for the purpose of depressing prices paid to dairy farmers in Federal Milk Marketing Orders 5 and 7, respectively the Appalachian and Southeast orders.

 

The settlement agreement for each defendant varies in the terms of the total monetary payments, the terms, timing, and length of the payout schedules, and the conduct changes in the marketplace which will take place over several years.  The court retains enforcement and jurisdiction of the Settlement agreements until the last activities per the agreements are expected to occur by the year 2016.

 

The current DFA Gross Settlement Fund totaled $140 Million Dollars, equal to the Dean Settlement Amount.  However, the Dean Food Settlement Funds will be distributed over annual payments until the fall of 2016, while DFA elected to borrow funds and make a one-time payment to settle the lawsuit.  Honoring the Settlement Agreement, DFA placed the $140 Million in an escrow account in February, 2013.  Any interest accrued by the escrow fund is accounted for in the distribution.

 

In keeping with the normal standards of Federal Class Action lawsuits of this nature, attorneys’ fees and expenses (thirty-three and one-third percent contingency), claims administrator expenses, certain miscellaneous expenses, and payments to named plaintiffs were deducted from the gross settlement fund to result in the net settlement fund of $85,644,095.34.

 

In accordance with Class Action procedure, a Fairness Hearing for the Plaintiffs/Farmer Class to make comments was held on April 3, 2013, with Final Approval of the DFA Settlement entered on the Court’s file on May 17, 2013.  The Order of Approval had to survive an appeals time frame, and the Claims Administrator had to satisfy the Court’s requirements for meticulous audit and accounting procedures  before the funds could be paid to class members.

 

Through the spring, summer, and fall, Claims Administrator Rust Consulting received claims forms, and conducted audits of the claims submitted.

 

There is a good possibility, but not a guarantee, that Class members will receive these checks before the end of the year.    With the first Dean Foods/SMA Settlement payment issued in January, the  Order for Disbursement was filed on January 8, and many farmers received checks beginning two weeks later, on January 22.  With the second Dean payment, there was a month before checks were received following the Order.

 

In a separate portion of the DFA & Related Settlement Agreements, there were approximately 50 documents, a portion of the many confidential documents under seal during the course of the litigation, which the defendants agreed to finally open to the public.  Many dairy industry stakeholders across the country have felt the information contained in those documents was as important as the monetary settlements.  Those documents have yet to be opened, and it is unknown when they will be.

 

Too, there were terms in the Settlement Agreement concerning the public announcement of salaries of key DFA management and compensation for board members to be announced.  Those announcements depended on actions of the applicable councils and committees within the DFA membership itself hinging on annual meeting dates.   It is anticipated those actions should be resolved during the winter and spring of 2014.

 

Appropriate court documents and additional information should be appearing on the Litigation website,

www.southeastdairyclass.com, in the coming days.