There have been a couple procedural developments in the legal proceedings that directly impact the future of the Tennessee Walking Show Horse.

In the rulemaking case in Amarillo, Tx, USDA has moved to transfer the case out of the Amarillo division and into a different division within the northern district of Texas.  Whether USDA is successful or not in moving the division (the industry attorneys are opposing this move), attorneys from the industry believe that a briefing schedule can be set that will allow the case to be resolved prior to the February 1, 2025 effective date of the new rules.  

In the case in Jackson, Tenn., that involves the plaintiffs Josh, Casey and Michael Wright, the lawyers from Torridon Law representing the Wright’s filed an amended complaint on Friday September 6, 2024.  The USDA had previously filed a motion to dismiss the case with the court.  Torridon filed a response opposing the motion and also attaching a proposed amended complaint.  After reviewing the filings, DOJ consented to having the amended complaint filed instead of responding to the opposition. 

The USDA will respond to the amended complaint by September 20, 2024, and we anticipate they will file another motion to dismiss.  We expect briefing on that will be completed by October 18, 2024, and we hope the judge will rule on that motion within 30 days.  Once the motion to dismiss is resolved, it will take approximately five and a half months to have summary judgment motions under submission.  The most unpredictable variable would be how long the judge takes to rule on the motion to dismiss.

As motions are filed, decisions rendered or any procedural changes that effect timing are received they will be shared with the industry.