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Miller ordered to make ‘good faith’ payments to court and FSIS

newfoodmagazine 2022-05-13
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After a court telephone conference this past week wher Amos Miller agreed to comply with a court’s order, the judge then ordered him to make a “good faith” payments totaling $105,065.

Miller has responded with a blizzard of court filings, usually signing them as “Amos Miller, living man.” In one submission, he asks the court to dismiss his counsel of record, Steven Lafuente.

The court has refused to dismiss Lafuente from the case since Miller last year “fired” the Dallas attorney. Miller wants to replac him with a “sovereign citizens” group out of Washington State. This time, Miller’s dismissal request involved a claim that bar association membership voids citizenship.

The “good faith” payment order is for $50,000 to the court, and $55,065 to USDA’s Food Safety and Inspection Service, which is for reimbursement of inspection services of Miller and Miller’s Organic Farm. In the order, the judge noted that Lafuente was available to advise Miller on the payment and the lawyer was ordered to provide prompt notice if there are any issues.

Telephone conferences involving all the parties are not released as public records. The good faith payment order followed an April 22 conference, and Miller’s many filings followed the order.

Those have included:

  • “Notice and Lodgment of New Business Struction by Amos Miller.”
  • “Motion to Dismiss Counsel of Recordfiling by Amos Miller.”
  • “Notice of Interlocutory Appeal”
  • “Notice of Premises of Penhallow v. Doane’s”
  • “Praecipe Order to Clark Regarding Status of Defendant.”

In this civil action, USDA is pursuing Miller for compliance with basic food safety laws and regulations. The case is being heard in the U.S. District Court for Eastern Pennslyvania before Judge Edward G. Smith.

Possibily significant in the recent Miller filings is one claiming his Amos Miller Organic Farm Trust is an “association” that “does not do business with the public.”  The filing says the association “operates pursuant to free will.”

Another Miller document cites the Hague Convention of Oct. 5, 1961, for authentication.

Judge Smith previously found Miller in Contempt of Court, imposing a $250,000 fine  which has been held in abeyance. Since March, Judge Smith has relied upon farm expert Geroge Lapsley as the court’s expert on all things regarding Miller’s farming endeavors. The current court proceedings are three years old.

Lapsley’s court-imposed duties were to determine whether Miller is in violation of  “the Second Contempt Sanctions Order.” He was to check out all Miller properties and businesses for:

  • any amenable livestock/poultry slaughter or processing operations (including custom-exempt operations) at any site;
  • distribution, shipping, offer for sale, or sales of amenable meat or poultry products;
  •  taking, sending, or having sent/delivered, for the purpose of slaughter and/or processing, any amenable animals to any federally inspected or non-federally-inspected slaughter and/or processing establishment, facility, or individual;
  •  purchasing, handling, storing, and/or receiving any live amenable livestock or poultry intended for slaughter in the near future;
  • purchasing, handling, storing, or receiving any amenable meat or poultry products for further processing and/or for resale, distribution, offer for sale, sale, donation, or distribution to customers; or
  • taking in-person, internet, telephone, fax, email, or other orders — or acting on such orders — for amenable meat/poultry products of defendants or their agents, including but not limited to Miller’s family members, Miller’s associated food clubs/vendors, David Lantz, Miller’s employees, or the Groff family.

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