Chicory has agreed to suspend its organic certification in order to be effective in implementing the transaction contract. During the suspension, Chicory is prohibited from selling, labeling or presenting products as organic. After the abandonment of class action status in August 1997, lawyers for black farmers sought a lump sum mediation to cover all 2,000 farmers, estimated at the time, who could have been discriminated against by the USDA. In mid-November 1997, the government agreed to mediate and study a colony in Pigford. The following month, the parties agreed to hold the case for six months, while mediation continued and conciliation discussions took place. Although the USDA has recognized discrimination in the past, the Department of Justice has opposed general mediation and argued that each case should be investigated separately. During the 111th Convention, Attorney General Holder and Agriculture Minister Vilsack announced a settlement of Pigford II`s claims. The government requested $1.15 billion in the form of an additional allocation (H.R. 4899) for the Pigford II comparison. Senator Inouye introduced an amendment (S.Amdt.

3407) to H.R. 4213, the Tax Extenders Act of 2009 to provide the requested $1.15 billion. On March 10, 2010, the Senate voted 66 to 34 to invoke the bill and limit debate on the proposed replacement for amending purposes. The vote blocked S.Amdt. 3407 as a non-Germanie. On May 28, 2010, the House of Representatives passed its version of H.R. 4213 and contained the $1.15 billion for comparison. The Senate version of the legislation did not recommend $1.15 billion, and H.R.

4213 voted without Pigford II funding. After the transaction, no claim is made until all claims are established. The determination of the validity of the fees is expected to be completed in June/July 2013, after which the claims manager will begin distributing the payments to the successful applicants. A final judicial review of the damages review procedure will be conducted prior to the final settlement. Preliminary estimates from the claim administrator indicate that 17,000-19,000 Track A claims are considered positive under Pigford II, a rate of about 50%-56%. Under Pigford I, about 69% of Track A claims were successful. ETKO agreed to assess the location within 12 months of the signing of the transaction agreement. As in the original case of Pigford, Pigford II offers both an expedited billing process (Track A) and higher payments to potential applicants who go through a more rigorous verification and documentation process (Track B). A moratorium on the forced executions of the institutions of most applicants will be maintained until the applicants have followed the claim procedure. On October 27, 2011, the U.S. District Court for the District of Columbia granted final approval of the transaction agreement.

In accordance with the court order, claims can be filed from November 14, 2011, with a delay in filing claims until May 11, 2012.


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