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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION at LONDON



UNITED STATES OF AMERICA, et al.    

                  Plaintiffs,

                  v.

DAIRY FARMERS OF AMERICA, INC., et al.   

                  Defendants.


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Civil Action No.: 6:03-206-KSF

STATUS REPORT OF PLAINTIFF UNITED STATES ON
COMPLIANCE WITH THE ANTITRUST PROCEDURES AND PENALTIES ACT

Pursuant to this Court's Order of January 25, 2007, the United States hereby files this status report describing steps taken by the parties to comply with the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. § 16(b)-(h).

To date, the parties have complied with the provisions of the APPA as follows:

  1. The government and DFA stipulated to the entry of the proposed Final Judgment, which was filed with the Court on October 2, 2006;

  2. The Competitive Impact Statement was filed with the Court on October 2, 2006;

  3. The Amended Complaint, proposed Final Judgment, and Competitive Impact Statement were published in the Federal Register on November 6, 2006, see 71 Fed. Reg. 64,984 (2006);

  4. A summary of the terms of the proposed Final Judgment was published in:

    1. the Washington Post, a newspaper of general circulation in the District of Columbia, beginning on November 3, 2006, and continuing on consecutive days through November 9, 2006, and

    2. the Lexington Herald-Leader, a newspaper of general circulation in the Eastern District of Kentucky, beginning on November 11, 2006, and continuing on consecutive days through November 17, 2006;

  5. Copies of the Amended Complaint, proposed Final Judgment, and Competitive Impact Statement were furnished to all persons requesting them and made available on the Internet Site of the United States Department of Justice's Antitrust Division;

  6. On October 11, 2006, DFA filed with the Court its disclosure statement concerning written or oral communications by or on behalf of the defendant, or any other person, with any officer or employee of the United States concerning the proposed Final Judgment, as required by 15 U.S.C. § 16(g);

  7. The sixty-day comment period prescribed by 15 U.S.C. §16(b) and (d) for the receipt and consideration of written comments, during which the proposed Final Judgment could not be entered, commenced on November 17, 2006, and ended on January 16, 2007; and

  8. The United States received seven public comments on the proposed Final Judgment. Contemporaneously with this status report, the United States will file its responses to the public comments pursuant to 15 U.S.C. § 16(d).

The United States will move this Court for entry of the proposed Final Judgment after the public comments and the responses to public comments are published in the Federal Register.

Dated: February 7, 2007 Respectfully submitted,


  /s/ Ihan Kim
JON B. JACOBS
IHAN KIM
Attorneys
Litigation I Section
Antitrust Division
United States Department of Justice
City Center Building
1401 H Street NW, Suite 4000
Washington, D.C. 20530
(p) 202-307-0001
(f) 202-307-5802
ihan.kim@usdoj.gov


CERTIFICATE OF SERVICE

This certifies that I caused a true and correct copy of the foregoing to be served on February 7, 2007, via electronic mail and first-class mail on the following:

David A. Owen, Esq.
Greenebaum Doll & McDonald, PLLC
300 West Vine Street - Suite 1100
Lexington, KY 40507
Telephone: 859-231-9500
Counsel for Dairy Farmers of America, Inc.
Charles E. Shivel, Jr., Esq.
Stoll, Keenon & Park, LLP
300 West Vine Street - Suite 2100
Lexington, KY 40507
Telephone: 859-231-3000
Counsel for Southern Belle Dairy Co., LLC


W. Todd Miller, Esq.
Baker & Miller, PLLC
2401 Pennsylvania Avenue, NW - Suite 300
Washington, DC 20005
Telephone: 202-663-7820
Counsel for Dairy Farmers of America, Inc.
J. Jackson Eaton, III, Esq.
Gross, McGinley, LaBarre & Eaton, LLP
PO Box 4060 - 33 South Seventh Street
Allentown, PA 18105
Telephone: 610-820-5450
Counsel for Southern Belle Dairy Co., LLC


R. Kenyon Meyer, Esq.
Dinsmore & Shohl LLP
1400 PNC Plaza
500 West Jefferson Street
Louisville, Kentucky 40202
Telephone: 502-540-2300
Counsel for Chicago Tribune Company
Maryellen B. Mynear, Esq.
Assistant Attorney General
Consumer Protection Division
Office of the Kentucky Attorney General
1024 Capital Center Drive, Suite 200
Telephone: 502-696-5389
Counsel for Commonwealth of Kentucky



  /s/ Ihan Kim
Ihan Kim