On September 16, 2013, the USDA filed a notice with the court indicating that it does not intend to file a motion to transfer venue as to any named plaintiff…
Back on April 2, 2013, the Court ordered Plaintiffs’ counsel to identify each named plaintiff who intends to proceed with the litigation (as opposed to participating in the government’s administrative claims process) on or before May 6, 2013.
In Plaintiffs’ Notice Regarding Litigation Election, Plaintiffs’ Counsel notified the Court that eight of the ten named plaintiffs elected to participate in the administrative claims program, one of the ten named plaintiffs elected not to file a claim in the administrative claims program but elected not to continue to pursue her claims in this suit, and one of the ten named plaintiffs could not be contacted.
As of early June 2013, out of the eight claims that were made by named plaintiffs, seven were forwarded to the Claims Adjudicator as timely and complete. However, the Claims Adjudicator had not yet made a determination as to whether the remaining eighth claim was complete. USDA requested and received an extension for its deadline to file any motion for change of venue until all claims were determined to be complete.
The Settlement Administrator subsequently determined that the eighth named plaintiff’s claim was complete and forwarded all claims to the Claims Adjudicator for final determination.
Because each of the eight named plaintiffs who filed a claim under the government’s administrative claims process has dismissed their claims in this litigation, the ninth named plaintiff has elected not to pursue her claims, and Plaintiffs’ Counsel did not contact the tenth named plaintiff before the Court ordered May 6, 2013 deadline, USDA does not intend to file a motion to transfer venue as to any named plaintiff.