United States of America v. Gingerich
Plaintiff: United States of America
Defendant: Daniel Gingerich
Case Number: 4:2021cv00283
Filed: September 27, 2021
Court: US District Court for the Southern District of Iowa
Presiding Judge: Stephen H Locher
Referring Judge: Stephanie M Rose
Nature of Suit: Other Statutory Actions
Cause of Action: 07 U.S.C. ยง 2131
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2021 ***Civil Case Terminated. (kjw)
November 10, 2021 Opinion or Order Filing 29 ORDER granting #28 Plaintiff's Motion for Voluntary Dismissal. See Order for details. Signed by Judge Stephanie M. Rose on 11/10/2021. (mne)
November 9, 2021 Filing 28 MOTION Voluntary Dismissal by United States of America.Motions referred to Stephen H. Locher. Responses due by 11/23/2021. (Panda, Shampa)
November 2, 2021 Opinion or Order Filing 27 ORDER entering Consent Decree agreed to by parties. See attached. Signed by Judge Stephanie M. Rose on 11/2/2021. (mne)
November 1, 2021 Set Deadline: Status Report due by 11/5/2021. (bp)
October 29, 2021 Filing 26 STIPULATION Consent Decree by United States of America. (Attachments: #1 Supplement Attachment A (List of Dogs))(Hollingsworth, Mary)
October 29, 2021 Opinion or Order Filing 25 TEXT ORDER granting #24 to stay all deadlines. The Contempt Hearing set for 11/1/2021 is cancelled. The parties shall file a status report with the Court by the end of business 11/5/2021. The need for a contempt hearing will be assessed after the submission by the parties. Signed by Judge Stephanie M. Rose on 10/29/2021. (mne)
October 28, 2021 Filing 24 Joint MOTION to Stay All Deadlines for One Week by United States of America.Motions referred to Stephen H. Locher. Responses due by 11/12/2021. (Hollingsworth, Mary)
October 26, 2021 Filing 23 TRANSCRIPT of Proceedings re #19 Motion Hearing, held on October 18, 2021 before Judge Stephanie M. Rose. Court Reporter: Kelli Mulcahy, Telephone Number: (515)284-6219. Page No(s).: 1 - 26. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 11/19/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/27/2022. (kmm)
October 20, 2021 Opinion or Order Filing 22 TEXT ORDER granting Joint Motion to Stay Deadlines for One Week. Contempt Hearing shall be RE-SET for November 1, 2021 at 10 am. Briefing deadline will be extended to close of business on October 29, 2021. Signed by Judge Stephanie M. Rose on 10/20/2021. (mne)
October 20, 2021 Filing 21 Joint MOTION to Stay DEADLINES FOR ONE WEEK by United States of America.Motions referred to Stephen H. Locher. Responses due by 11/3/2021. (Panda, Shampa)
October 20, 2021 Set Deadlines/Hearings: Contempt Hearing set for 11/1/2021 10:00 AM in Des Moines - Room 145 - 1st Floor South before Judge Stephanie M. Rose. Attorneys, witnesses, and Defendant may appear for the hearing via videoconferencing upon approval by the Court prior to the date of the hearing. (mne)
October 19, 2021 Filing 20 SUMMONS Returned Executed by United States of America. Daniel Gingerich served on 10/8/2021, answer due 10/29/2021. (Attachments: #1 Exhibit Summons returned executed)(Hollingsworth, Mary)
October 18, 2021 Filing 19 Minute Entry for proceedings held before Judge Stephanie M. Rose: Motion Hearing held on 10/18/2021 re #15 MOTION Authorization for Immediate Release of Animals to Third Party Animal Rescue filed by Daniel Gingerich. (Court Reporter Kelli Mulcahy.) (kmc)
October 18, 2021 Filing 18 TEXT ORDER setting Contempt Hearing for 10/21/2021 12:00 PM in Des Moines - Room 145 - 1st Floor South before Judge Stephanie M. Rose. Attorneys, witnesses, and Defendant may appear for the hearing via videoconferencing upon approval by the Court prior to the date of the hearing. The parties shall file supplementary briefing by the close of business on October 20, 2021, addressing the Court's authority to order surrender of Defendant's dogs, including puppies, to the Animal Rescue League of Iowa. (mne)
October 18, 2021 Filing 17 RESPONSE to Motion re #15 MOTION Authorization for Immediate Release of Animals to Third Party Animal Rescue PARTIAL OPPOSITION TO MOTION filed by United States of America. Replies due by 10/25/2021. (Attachments: #1 Exhibit Wayne County Sheriff Office Letter of Support, #2 Exhibit Iowa Attorney General Letter of Support, #3 Exhibit Daniel Gingerich Locations, #4 Exhibit State of Iowa LOVEPet Project Letter, #5 Affidavit Animal Rescue League of Iowa Declaration, #6 Exhibit LOVEPet Project 501c3 Letter, #7 Affidavit Dr. Autumn Unck Declaration, #8 Affidavit Kelly Maxwell Declaration, #9 Exhibit Joe Miller Resignation Letter, #10 Affidavit Mary Hollingsworth Declaration, #11 Exhibit Michael Byrne Oct. 14 Email to DOJ, #12 Exhibit DOJ Oct. 14 Email to Michael Byrne)(Panda, Shampa)
October 15, 2021 Opinion or Order Filing 16 TEXT ORDER Setting Hearing on Motion #15 Defendant's MOTION Authorization for Immediate Release of Animals to Third Party Animal Rescue : Motion Hearing set for 10/18/2021 10:00 AM in Phone Hearing(SMR). Counsel shall call 1-888-808-6929 and enter code 2486346. Hearing will be held before Judge Stephanie M. Rose. Signed by Judge Stephanie M. Rose on 10/15/2021. (mne)
October 15, 2021 Filing 15 MOTION Authorization for Immediate Release of Animals to Third Party Animal Rescue by Daniel Gingerich.Motions referred to Stephen H. Locher. Responses due by 10/29/2021. (Byrne, Michael)
October 15, 2021 Filing 14 NOTICE of Appearance by Michael G Byrne on behalf of Daniel Gingerich (Byrne, Michael)
October 14, 2021 Opinion or Order Filing 13 TEXT ORDER Plaintiff is directed to file their notice of service on Defendant with the Court by 10/29/2021. Signed by Judge Stephanie M. Rose on 10/14/2021. (mne)
October 13, 2021 Opinion or Order Filing 12 ORDER granting #11 Plaintiff's Motion for Preliminary Injunction. See Order for details. Signed by Judge Stephanie M. Rose on 10/13/2021. (mne)
October 12, 2021 Filing 11 MOTION FOR PROPOSED LANGUAGE re #10 Motion Hearing by United States of America.Motions referred to Stephen H. Locher. Responses due by 10/26/2021. (Panda, Shampa)
October 8, 2021 Filing 10 Minute Entry for proceedings held before Judge Stephanie M. Rose: Motion Hearing held on 10/8/2021. (Court Reporter SueAnn Jones.) (kmc)
October 6, 2021 Filing 9 STATUS REPORT ON SERVICE by United States of America. (Attachments: #1 Affidavit Affidavit of Service on Joe Miller, #2 Affidavit Affidavit of Service on Irene Hershberger, #3 Exhibit October 1 Letter and Order Scheduling PI Hearing, #4 Exhibit Certified Mail receipt for October 1 Letter and Order, #5 Exhibit Certified Mail receipt for TRO motion, #6 Affidavit Declaration of Mary Hollingsworth)(Panda, Shampa)
October 5, 2021 Opinion or Order Filing 8 TEXT ORDER #7 re motion for clarification on the hearing on the preliminary injunction motion set for 10/8/2021. The Court will hear argument on the preliminary injunction motion but witnesses will be unnecessary. However, no Proof of Service or Waiver of Service has been filed with the Court. Therefore, the Court directs Plaintiff to file a status report by 9 am on 10/6/2021 describing their efforts to serve Defendant. Signed by Judge Stephanie M. Rose on 10/5/2021. (mne)
October 5, 2021 Filing 7 MOTION re 5 Order Setting Hearing on Motion, clarification regarding scheduled hearing by United States of America.Motions referred to Stephen H. Locher. Responses due by 10/19/2021. (Panda, Shampa)
September 28, 2021 Filing 6 Summons - Note: Counsel should download the attached summons. In compliance with Rule 4 of the Rules of Civil Procedure for summons. (bp)
September 28, 2021 Opinion or Order Filing 5 TEXT ORDER Setting Hearing on Preliminary Injunction Motion. Hearing set for 10/8/2021 01:30 PM in Des Moines - Room 145 - 1st Floor South before Judge Stephanie M. Rose.Signed by Judge Stephanie M. Rose on 9/28/2021. (mne) Modified on 9/29/2021 added Text (kjw).
September 28, 2021 Opinion or Order Filing 4 ORDER granting #2 Plaintiff's Motion for Temporary Restraining Order. See Order for details. Signed by Judge Stephanie M. Rose on 9/28/2021. (mne)
September 27, 2021 Filing 3 NOTICE of Appearance by Shampa Anupurba Panda on behalf of All Plaintiffs (Panda, Shampa)
September 27, 2021 Filing 2 Emergency MOTION for Temporary Restraining Order by United States Department of Agriculture. Responses due by 10/12/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - Gingerich Notice of Suspension, #3 Exhibit Ex. B - Decl. Kelly Maxwell, #4 Exhibit Ex. C - Decl. Heather Cole, #5 Exhibit Ex. D - Decl. Autumn Unck, #6 Exhibit Ex. E - Decl. Randall Coleman, #7 Exhibit Ex. F - Purchase Invoice, #8 Exhibit Ex. G - Kanji Veterinary Record, #9 Exhibit Ex. H - Pepper Veterinary Bill, #10 Exhibit Ex. I - Shelby Veterinary Bill, #11 Exhibit Ex. J - Sidney Veterinary Bill, #12 Exhibit Ex. K - Audi Veterinary Bill, #13 Exhibit Ex. L - Oct. 10, 2019 Prelicense Inspection Report, #14 Exhibit Ex. M - July 28, 2021 Inspection Report, #15 Exhibit Ex. N - Aug. 11, 2021 Inspection Report, #16 Exhibit Ex. O - Aug. 25, 2021 Inspection Report, #17 Exhibit Ex. P - July 7, 2021 Inspection Report, Part 1, #18 Exhibit Ex. P - July 7, 2021 Inspection Report, Part 2, #19 Exhibit Ex. Q - Sept. 15, 2021 Inspection Report, #20 Exhibit Ex. R - July 29, 2021 Inspection Report, #21 Exhibit Ex. S - July 30, 2021 Inspection Report, #22 Exhibit Ex. T - April 7, 2021 Inspection Report, #23 Exhibit Ex. U - April 21, 2021 Inspection Report, #24 Exhibit Ex. V - June 14, 2021 Inspection Report, #25 Exhibit Ex. W - July 9, 2021 Inspection Report, #26 Exhibit Ex. X - Decl. Mary Hollingsworth, #27 Exhibit Ex. Y - McClintock Disciplinary Proceeding, #28 Exhibit Ex. Z - Aug. 30, 2021 Inspection Report)(Hollingsworth, Mary)
September 27, 2021 Filing 1 COMPLAINT against Daniel Gingerich, filed by United States. Notice of Dismissal for lack of Service deadline set for 12/27/2021. Rule 16 Notice of Dismissal set for 12/27/2021. (Attachments: #1 Exhibit Ex. A - Gingerich Notice of Suspension, #2 Exhibit Ex. B - Sept. 15, 2021 Inspection Report, #3 Exhibit Ex. C - July 28, 2021 Inspection Report, #4 Exhibit Ex. D - Aug. 30, 2021 Inspection Report, #5 Exhibit Ex. E - July 7, 2021 Inspection Report, Part 1, #6 Exhibit Ex. E - July 7, 2021 Inspection Report, Part 2, #7 Exhibit Ex. F - July 29, 2021 Inspection Report, #8 Exhibit Ex. G - July 30, 2021 Inspection Report, #9 Exhibit Ex. H - Aug. 25, 2021 Inspection Report, #10 Exhibit Ex. I - Aug. 11, 2021 Inspection Report, #11 Exhibit Ex. J - Gingerich USDA Administrative Complaint)(Hollingsworth, Mary)

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Plaintiff: United States of America
Represented By: Mary Elisabeth Hollingsworth
Represented By: Shampa Anupurba Panda
Represented By: David L.D. Faith
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Defendant: Daniel Gingerich
Represented By: Michael G. Byrne
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