IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FORT SMITH DIVISION

ANNA M. SLAVIN                                                                                                                             PLAINTIFF

 VS.                                                           CIV. NO. 03-2091

UNITED STATES OF AMERICA                                                                                                  DEFENDANT

On December 22, 2003, pursuant to the Court's Initial Scheduling Order entered October 14, 2003,

the parties consulted via telephone for a conference pursuant to Rule 26(f) of the Federal Rules of Civil

Procedure and Rule 26.1 of the Local Rules for the Western District Court of Arkansas. As a result of that

conference, the parties hereby report as follows:

1. The parties will make initial disclosures pursuant to Federal Rules of Civil Procedure 26 (a) by

January 21, 2004.

2. Subjects on which discovery may be needed include liability issues and damages.

3. At the present time, it is contemplated that discovery on liability, damages and valuation of

Plaintiff's business should be completed by May 6, 2004.

4. No changes in the limitations imposed by the Federal Rules of Civil Procedure are contemplated

by the parties.

5. The Plaintiff is requesting a Temporary Restraining Order enjoining the Secretary of the United

States Department of Agriculture, Ann Veneman, as well as the Attorney General of the United States, John

Ashcroft, including their agents, servants, employees, representatives, attorneys, and any person(s) in

active service with them, from enforcing in any way the amendments made to the Animal Welfare Act in

2002, including, specifically, the amendments to 7 USC 2156 as created by the Family Security and Rural

Investment Act of 2002.

6. Parties will advise, if necessary, as to objections to intitial disclosures once they are made.

7. The case is currently set for jury trial the week of July 6, 2004.

1. The parties would propose the following deadlines for the joining of parties and amending the

pleadings.

Joining of parties: May 6, 2004

Disclosures of experts: April 6, 2004

Amending the pleadings for other than to add additonal parties: May 6, 2004

2. It is anticipated that discovery will be completed by May 6, 2004.

3. It is anticipated that the deadline for filing Motions will be April 6, 2004.

1. The Plaintiff is requesting a Preliminary Injunction be issued because she contends that she, as

well as thousands of other people who are involved in the raising of gamefowl are suffering and will

continue to suffer immediate and irreparable harm if Defendants are permitted to enforce the amendments to

7 USC 2156, as created by the Family Security and Rural Investment Act of 2002 before the trial of this

matter.

                                                                                                       Respectfully submitted by the parties

TOM GEAN                                                                                                                      ANNA M. SLAVIN

UNITED STATES  ATTORNEY                                                                                    PLAINTIFF

By:                                                                                                                       By:

Charles E. Smith                                                                                            Anna M. Slavin

Assistant U. S. Attorney                                                                                 Post Office Box 717

Arkansas Bar No. 77126                                                                              Huntington, AR 72940

Post Office Box 1524                                                                                    (479) 806-0768

Fort Smith, Arkansas 72940

(479) 783-5125

Date:_____________                                                                               Date:______________

...........It's not unlike our approach to cockfighting: While Hawai'i law prohibits the sport, it allows people to keep and train birds for cockfighting..........

Get pipes for ice off the store shelves

A gallon of milk, a loaf of bread and an ice pipe?

You heard right. As Hawai'i battles a long and devastating crystal methamphetamine epidemic, devices created to smoke the drug are being legally sold at mom-and-pop stores.

Hawai'i is among more than a dozen states that do not specifically prohibit the sale of drug paraphernalia, although the sale of such devices is clearly a violation of federal law.

And U.S. Attorney Ed Kubo is more than wise to this discrepancy. Tuesday, federal agents and Honolulu police raided 10 O'ahu convenience stores that were selling drug paraphernalia.

It's not as though those arrested didn't know what they were selling. Undercover agents and officers who purchased the paraphernalia had to establish that the owner or employee knew what the merchandise was for.

Those arrested face federal charges that could amount to three years in prison, a $250,000 fine and forfeiture of property and money associated with the sale of the illegal goods, according to Advertiser police reporter Peter Boylan.

While the penalties might seem a bit stiff, it would be hypocritical of the state to allow the sale of drug paraphernalia while banning the drug. It's not unlike our approach to cockfighting: While Hawai'i law prohibits the sport, it allows people to keep and train birds for cockfighting.

Apparently, Gov. Linda Lingle plans to ask the Legislature to bring state drug paraphernalia laws more in line with federal laws.

That said, we don't want to encourage a full-scale Ashcroftian witch hunt for cigarette rolling papers and hemp products.

But it certainly would help the war on ice if Islanders couldn't purchase glass pipes at their neighborhood convenience store.