State withdraws motion in ND Beef Commission lawsuit

The state of North Dakota has withdrawn a motion for protective order and has now “agreed to agree” on stipulated facts and discovery in the lawsuit alleging the North Dakota Beef Commission makeup is unconstitutional.

Dube said the North Dakota Stockmen’s Association has agreed to produce documents as requested.

Some of the information requested includes communication between the NDSA and NDCA between themselves or any other groups or individuals regarding nominations. “We asked for confirmation of membership of various people, we asked for text messages, e-mails and other communication about nominations,” said Dube.

The Ranchers’ Rights Initiative’s attorney Robby Dube said his clients, the plaintiffs, have served subpoenas to the North Dakota Stockmen’s Association, the North Dakota Cattlewomen (an auxiliary to the North Dakota Stockmen’s Association), former Governor Dalrymple, former NDBC executive Nancy Jo Bateman and Rose Lanning, a former state employee.

The Ranchers’ Rights Initiative claims the makeup of the North Dakota Beef Commission is unconstitutional because it gives preference to members of trade associations as compared to unaffiliated cattlemen or women.

Also the law prevents cattle owners who have requested a refund of the state beef checkoff in the past three years from serving on the board. This violates article I, § 21 of the constitution and prevents those cattle owners from the opportunity to serve on the national Federation of State Beef Councils. Every cattle owner in the state contributes to the state beef checkoff budget via the federal Beef Checkoff (half of which remains in the state) even if he or she obtains refunds of the state beef checkoff.

By law, four of the nine governor-appointed NDBC members are selected from names provided by the NDSA. One is a dairy representative, one is a marketing representative and the other three, which are at large positions have historically also been held by members of the NDSA, NDBC or their sponsors or affiliates.

The discovery phase of the lawsuit has been extended to Jan. 15, 2026, said Dube. Following that, the parties move to summary judgement. The judge has 90 days to rule and he could grant summary judgment to either the plaintiffs or the defendants. If he does, the other party can appeal to the supreme court. If he chooses not to grant summary judgement, a trial will begin.

The state has chosen not to comment on the lawsuit and the North Dakota Stockmen’s Association did not respond to a request for an interview.