From: Robert L. Trimble
To:  Various
Sent: Tuesday, October 22, 2002 2:40 PM
Subject: Update on Horse Slaughter Litigation

UPDATE ON HORSE SLAUGHTER PLANT LITIGATION

There has been a lot of interest and inquiries regarding the status of the horse slaughter plant litigation (the "horse litigation") and this will be an attempt to summarize what has happened to date and where things sit in terms of the legal system.

1. The horse slaughter plants ("plaintiffs") filed an action in federal court to permanently enjoin ("stop") the Tarrant and Kaufman County District Attorneys ("defendants") from prosecuting them under Chapter 149 of the Texas Agricultural Code on the grounds that Chapter 149 is pre-empted by federal laws, regulations and treaties which apply to the plaintiffs.

2. After filing their complaint, the plaintiffs moved the federal court for a temporary injunction to prohibit the defendants from prosecuting them under Chapter 149 while the federal case is pending.

3. The court set a timetable for pleadings and briefs to be filed with respect to the plaintiff's motion for a temporary injunction which required the defendants to file their opposition to the plaintiff's motion for a temporary injunction by October 11 and allowed the plaintiffs until October 16 to reply to the defendant’s opposition.

4. The defendants met their deadline and filed their opposition to the plaintiff's motion by Friday, October 11 and the plaintiffs in turn met their deadline by filing their reply by Wednesday, October 16.

5. Now it is up to the United States District Judge to decide if he wants to have an oral hearing and if so, when; or if he wishes simply to decide the matter based on the paperwork that has been filed.

6. Now it's all up to the federal judge.

All of us are anxious for the federal judge to make his decision, but there is nothing anyone, including the parties to the litigation, can do to influence the judge’s timetable one way or the other. It is strictly up to the judge as to when, if at all, he wants to hear oral arguments and when he wants to issue his ruling.

The Tarrant County DA has done an excellent job in defending the plaintiff's attack on Chapter 149 and has worked closely with the supporters of Chapter 149 in drafting and filing what I believe is excellent documentation that Chapter 149 is not pre-empted by federal law. Thus, we have done everything we can and have done it well; now we must simply wait until the judge makes his ruling.

Robert L. "Skip" Trimble
100 Crescent Court, Suite 250
Dallas, TX 75201
214-855-2960
Fax: 214-855-8858
Email: catlynco@swbell.net