Stipulation And Order

Date: 
Friday, September 6, 2002
Document Type: 
Stipulations - Miscellaneous


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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


_________________________________________

UNITED STATES OF AMERICA,

                                  Plaintiff,

                v.

ARCHER-DANIELS-MIDLAND
  COMPANY, and
MINNESOTA CORN PROCESSORS, LLC

                                  Defendants.
_________________________________________

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CIVIL CASE NO.: 02-1768

STIPULATION AND ORDER

It is hereby STIPULATED by and between the undersigned parties, subject to approval and entry by the Court, that:

1. The Court has jurisdiction over the subject matter of this action and over each of the parties hereto, and venue of this action is proper in the United States District Court for the District of Columbia.

2. The parties stipulate that a Final Judgment in the form hereto attached may be filed with and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedure and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that the United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on defendants and by filing that notice with the Court.

3. Defendants shall abide by and comply with the provisions of the proposed Final Judgment pending entry of the Final Judgment by the Court, or until expiration of time for all appeals of any Court ruling declining entry of the proposed Final Judgment, and shall, from the date of the signing of this Stipulation by the parties, comply with all the terms and provisions of the proposed Final Judgment as though they were in full force and effect as an order of the Court.

4. This Stipulation shall apply with equal force and effect to any amended proposed Final Judgment agreed upon in writing by the parties and submitted to the Court.

5. If the United States has withdrawn its consent, as provided in paragraph 2 above, or if the proposed Final Judgment is not entered pursuant to this Stipulation, the time has expired for all appeals of any Court ruling declining entry of the proposed Final Judgment, and the Court has not otherwise ordered continued compliance with the terms and provisions of the proposed Final Judgment, then the parties are released from all further obligations under this Stipulation, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.

6. Defendants represent that the required actions set forth in Sections IV and V of the proposed Final Judgment can and will be made, and that the defendants will later raise no claims of hardship, or difficulty of compliance as grounds for asking the Court to modify any of the provisions contained therein.

Respectfully submitted,

FOR PLAINTIFF
UNITED STATES OF AMERICA:

_____________"/s/"_____________
MICHAEL P. HARMONIS
Pennsylvania State Bar # 17994
Attorney
Antitrust Division
U.S. Department of Justice
325 Seventh St., NW
Suite 500
Washington, D.C. 20530
Telephone: (202) 307-6357
Facsimile: (202) 307-2784

Dated: September 6, 2002

FOR DEFENDANT
ARCHER-DANIELS-MIDLAND COMPANY:

_____________"/s/"_____________
DAVID JAMES SMITH
State of Illinois Bar No. 3128392
Vice President, Secretary & General Counsel
4666 Faries Parkway
Decatur, IL 62526
Telephone: (217) 424-6183
Facsimile: (217) 424-6196

FOR DEFENDANT
MINNESOTA CORN PROCESSORS, LLC:

_____________"/s/"_____________
JOSEPH BENNETT
State of Minnesota Bar No. 0289991
Secretary and General Counsel
Minnesota Corn Processors, LLC
901 North Highway 59
Marshall, MN 56258
Telephone: (507) 537-2674
Facsimile: (507) 537-2641

ORDER

It is SO ORDERED, this ______ day of __________, 2002.

___________________________________
United States District Court Judge

Attachments: 
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Updated June 30, 2015