UNITED STATES DEPARTMENT OF AGRICULTURE 

BEFORE THE SECRETARY OF AGRICULTURE 

In re: 

Milk in the Northeast and Other AO Docket No. 23-J-0067; 

Marketing Areas AMS-DA-23-0031 

Transcript: Instructions to Propose Corrections 

These Instructions concern the Hearing on proposed amendments to pricing formulas in all 11 

Federal Milk Marketing Orders (“FMMOs”), filed as Docket No. 23-J-0067; AMS-DA-23-0031, 

In re: Milk in the Northeast and Other Marketing Areas. Hearing transcripts for all 49 days of the 

FMMO Pricing Hearing were posted by February 21, 2024, to the USDA / Agricultural 

Marketing Service (“AMS”) hearing webpage at: 

https://www.ams.usda.gov/rules-regulations/moa/dairy/hearings/national-fmmo-pricinghearing/transcripts 

The 30th day thereafter is March 22, 2024. Therefore, corrections to the transcript must be 

received by March 22, 2024. See 7 C.F.R. § 900.27(a). 

The judge will review all timely submitted proposed transcript corrections and, after due 

consideration, will issue an order making any corrections to the transcript that the judge finds are 

warranted. Corrections are NOT appropriate if offered to improve witness testimony or to correct 

the witness’s error in testimony or exhibit. Briefs are the appropriate place for that. Obvious 

typographical errors need not be addressed. Wrong spellings of names and inaccurate 

descriptions or references to exhibits should be addressed. See 7 C.F.R. § 1.142(a); see also 7 

C.F.R. § 900.10. To be considered, proposed transcript corrections will be submitted BOTH (1) 

Go to the USDA / AMS webpage below and follow the instructions to send by 5:00 pm 

Eastern on March 22, 2024, all proposed transcript corrections to 

this Order. 

FMMOHearing@usda.gov using the template for corrections included as an attachment to 

AND 

2. File with the Hearing Clerk:

The deadline to file proposed transcript corrections with the USDA Hearing Clerk is onehalf-hour earlier, to meet the March 22, 2024 deadline (7 C.F.R. § 900.27). To file with the 

Hearing Clerk, proposed transcript corrections must be RECEIVED by the Hearing Clerk by 

by email to FMMOHearing@usda.gov AND (2) by filing with the USDA Hearing Clerk (see 

below). 

1. Email to FMMOHearing@usda.gov 

REC'D - USDA/OALJ/HC

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4:30 pm Eastern on March 22, 2024. Proposed transcript corrections can be filed by email 

or FAX with the Hearing Clerk’s Office as further directed below. 

The USDA / AMS webpage at 

https://www.ams.usda.gov/rules-regulations/moa/dairy/hearings/national-fmmo-pricing-hearing 

shows the USDA Hearing Clerk’s correct contact information under Hearing Concluded, 

including email address. An error is present in the transcript for the email address for the Hearing 

Clerk. 

Page Line Incorrect Correct 

JANUARY 30, 2024 

11615 20 SM.OHA.HearingClerk@USDA.gov SM.OHA.HearingClerks@usda.gov 

The most efficient way to file with the Hearing Clerk is to attach a document to an email and 

the last page of this order. If emailing or FAXing to the Hearing Clerk, submit once (NOT in 

quadruplicate). My suggestions follow, regarding practical methods of filing with the Hearing 

Clerk by email attaching “large” attachments; and other possibilities for delivery of “large” 

documents to the Hearing Clerk for filing. 

Individuals or parties interested in filing transcript corrections may file anytime when ready until 

the times listed above on March 22, 2024. 

If the email with attachment(s) is too “large” to send, you may want to attach multiple files and / 

or send multiple emails each with attachments, which the Hearing Clerk can assemble into one 

document if that is what you instruct. Some filers may compress their attachments using zip files 

or folders. Some filers may want to deliver a thumb drive to the Hearing Clerk in person or by 

courier or an express delivery service. If delivering thumb drive or hard copy filings to the 

Hearing Clerk’s Office, consider additional time needed for delivery to ensure RECEIPT by the 

deadline. 

Some filers may use Box (https://www.box.com/). (The application “box” is NOT the same as 

the application Dropbox). 

The Hearing Clerk, Ms. Caroline Hill, instructs that IF filers have a “box” account to share 

documents with the Hearing Clerk, they should use the Hearing Clerk’s individual email address, 

If filers want to discuss delivery with the Hearing Clerk, they may use the Hearing Clerk’s 

contact information to ask to confer with Caroline Hill. 

send to SM.OHA.HearingClerks@usda.gov, or to FAX the document to 1-844-325-6940 if you 

prefer. The Hearing Clerk’s information can also be found on the USDA / AMS webpage and on 

NOT sm.oha.HearingClerks@usda.gov, which thus far has not proved successful. Caroline Hill’s 

individual email address is caroline.hill@usda.gov. 

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During the Hearing the Agricultural Market Service explained the usefulness of electronic 

versions of exhibits. For example, to ensure that evidence from websites would NOT change, 

AMS asked that Excel spreadsheets be submitted electronically and “password protected.” This 

online version provides greater accessibility to the public and is therefore better for 508 

compliance. 

The contact information for the Hearing Clerk is contained on the last page of this order. To meet 

deadlines, filings must be RECEIVED by the Hearing Clerk by 4:30 pm Eastern on the due date. 

Copies of this order “Transcript: Instructions to Propose Corrections” shall be sent by the 

Hearing Clerk to each of the parties. 

Issued at Washington, D.C., 

this 27th day of February 2024 

Digitally signed by CHANNING CHANNING STROTHER Digitally signed by Jill S Clifton 

Date: 2024.02.27 16:13:47 Date: 2024.02.27 16:19:33 -05'00' STROTHER -05'00' 

Channing D. Strother Jill S. Clifton 

Chief Administrative Law Judge Administrative Law Judge 

Attached: template 

Hearing Clerk 

United States Department of Agriculture 

Stop 9203, South Building, Room 1031-S 

1400 Independence Ave SW 

Washington, DC 20250-9203 

Phone: 1-202-720-4443 

Fax: 1-844-325-6940 

sm.oha.HearingClerks@usda.gov 

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23-J-0067 

Page Line Incorrect Correct 

DATE 

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CERTIFICATE OF SERVICE 

Eleven Federal Milk Marketing Orders 

Docket No.: 23-J-0067 

Having personal knowledge of the foregoing, I declare under penalty of perjury that the 

information herein is true and correct, and this is to certify that a copy of the TRANSCRIPT: 

INSTRUCTIONS TO PROPOSE CORRECTIONS WITH ATTACHMENT and [WORD 

VERSION] ATTACHMENT FOR USE IN SUBMITTING TRANSCRIPT CORRECTIONS 

have been furnished and were served upon the following parties by electronic mail on February 

28, 2024 by the following: 

USDA (OGC) USDA (AMS) Dairy Programs 

Brian Hill, OGC Dana H. Coale, Deputy Administrator 

Brian.Hill1@usda.gov Dana.Coale@usda.gov 

Michelle McMurtray, OGC Erin Taylor, Director Order Formulation and 

Michelle.McMurtray@usda.gov Enforcement Division 

Donna Erwin, OGC Erin.Taylor@usda.gov 

Donna.Erwin@usda.gov 

Carla Wagner, OGC 

Carla.Wagner@usda.gov AMS - FMMO Hearing 

FMMOHearing@usda.gov 

Erick Metzger 

General Manager 

National All-Jersey, Inc. 

6486 East Main Street 

Reynoldsburg, OH 43068 

E-mail: emetzger@usjersey.com 

Counsel for National All-Jersey, Inc. 

John H. Vetne 

E-mail: johnvetne@gmail.com 

Wendy M. Yoviene 

Baker, Donelson, Berman, Caldwell, 

& Berkowitz PC 

901 K Street, NW, Suite 900 

Washington, DC 20001 

Counsel for National Milk Producers 

Federation 

Stoel Rives LLP 

101 S. Capitol Blvd., Suite 1900 

Boise, ID 83702 

Bradley R. Prowant 

E-mail: bradley.prowant@stoel.com 

Nicole C. Hancock 

E-mail: nicole.hancock@stoel.com 

Counsel for International Dairy Foods 

Association 

Steven J. Rosenbaum 

Covington & Burling LLP 

1201 Pennsylvania Avenue, NW 

Washington, DC 20004 

E-mail: wyoviene@bakerdonelson.com E-mail: srosenbaum@cov.com 

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____________________________________ 

CERTIFICATE OF SERVICE (cont’d)

Eleven Federal Milk Marketing Orders 

Docket No.: 23-J-0067 

Counsel for Milk Innovations Group 

Davis Wright Tremaine LLP 

920 Fifth Avenue, Suite 3300 

Seattle, WA 98104 

Charles M. English, Jr. 

E-mail: chipenenglish@dwt.com 

Ashley L. Vulin 

E-mail: ashleyvulin@dwt.com 

Grace Bulger 

E-mail: gracebulger@dwt.com 

American Farm Bureau Federation 

600 Maryland Avenue SW, Suite 1000W 

Washington, DC 20024 

Sam Kieffer 

E-mail: sk@fb.org 

Roger Cryan 

E-mail: rogerc@fb.org 

Danny Munch 

E-mail: dmunch@fb.org 

Erin M. Anthony 

E-mail: erin@fb.org 

Mike Tomko 

E-mail: miket@fb.org 

Counsel for Select Milk Producers, Inc. 

Ryan K. Miltner 

The Miltner Law Firm, LLC 

100 North Main Street 

P.O. Box 477 

New Knoxville, OH 45871 

E-mail: ryan@miltnerlawfirm.com 

ryan@miltner-reed.com 

Lucas S. Sjostrom 

E-mail: lucas@mnmilk.org 

Mike Stranz 

E-mail: mstranz@nfudc.org 

E-mail: sleperjp@gmail.com 

Marin Bozic 

E-mail: marin@bozic.io 

Respectfully Submitted, 

Wanda Mosby, Legal Assistant 

USDA/Office of Administrative Law Judges 

Hearing Clerk’s Office, Room 1031-S 

1400 Independence Ave., SW 

Washington, DC 20250-9203 

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