United States of America v. Evergreen Recovery Inc., et al.
| United States of America |
| Second Chances Recovery Housing Inc., Evergreen Recovery Inc., Shawn Grygo, David Backus, Second Chances Sober Living, Inc., Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc. and Shantel Magadanz |
| Ranelle A Leier |
| 0:2024cv02944 |
| July 25, 2024 |
| US District Court for the District of Minnesota |
| John F Docherty |
| Katherine M Menendez |
| Fraud |
| 18 U.S.C. § 1345 Injunctions against fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2024. A more recent docket listing may be available from PACER.
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Filing 55
ORDER granting #48 Motion to Withdraw as Attorney. Signed by Judge Katherine M. Menendez on 8/23/2024. (SDV)
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Filing 54
LETTER TO DISTRICT JUDGE by Ranelle A Leier . (Leier, Ranelle)
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Filing 53
NOTICE of Appearance by Ana H Voss on behalf of United States of America. (Voss, Ana)
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Filing 52
NOTICE by United States of America re #48 MOTION to Withdraw as Attorney Notice of Non-Opposition to Counsel's Motion to Withdraw (Peterson, Emily)
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Filing 51
SEALED LETTER to District Judge. (kt)
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Filing 50
BRIEFING ORDER regarding Motion to Withdraw #48 . See Order for deadlines and other details. Signed by Judge Katherine M. Menendez on 8/14/2024. (BJP)
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Filing 49
PROPOSED ORDER TO JUDGE re #48 MOTION to Withdraw as Attorney filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc..(Sertich, Manda)
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Filing 48
MOTION to Withdraw as Attorney filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc.. (Sertich, Manda)
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Filing 47
NOTICE of Appearance by Archana Nath on behalf of Ranelle A Leier. (Nath, Archana)
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Filing 46
NOTICE of Appearance by Ranelle A Leier on behalf of Ranelle A Leier. (Leier, Ranelle)
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Filing 45
ORDER/NOTICE TO ATTORNEY. Order Permitting Disclosure of Patient-Identifying Records. Signed by Magistrate Judge John F. Docherty on 8/9/2024. (ALM)
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Filing 44
ORDER granting #21 Motion for Preliminary Injunction(Written Opinion) Signed by Judge Katherine M. Menendez on 8/9/2024. (SDV)
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Filing 43
(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 8/9/2024: Oral Arguments Motion Hearing.Court Reporter: Lori SimpsonMinneapolis Courthouse, Courtroom 14WBegin Time: 10:17 a.m.End Time: 10:43 a.m.APPEARANCES:For Plaintiff(s): Emily Peterson; Ana VossFor Defendant(s): Manda Sertich; Nate Converse; David Backus appeared pro se PROCEEDINGS: Hearing on: #21 MOTION for Preliminary Injunction and Other Equitable Relief filed by United States of America. Written order to be issued. (KAT)
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Filing 42
Text-Only Order: This Court entered a temporary restraining order ("TRO") in this matter on July 25, 2024. See ECF 11. Under the Federal Rules of Civil Procedure, a TRO must expire[ ] at the time after entry--not to exceed 14 days--that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. Fed. R. Civ. P. 65(b)(2). The TRO in this case expires at 11:59 p.m. on August 8, 2024. See ECF 11 at 6. Based on representations from the parties regarding ongoing negotiations, and with the consent of the defendants, the Court finds that good cause exists to extend the TRO by 24 hours until 11:59 p.m. on August 9, 2024. The Court notes that the parties are working toward an agreement that would include the appointment of a receiver to aid in the distribution of any available assets from the defendants. If the parties are unable to agree to a resolution, the Court will hold a hearing, already scheduled for 10:00 am tomorrow, August 9, in Courtroom 14W of the Minneapolis Federal Courthouse. At that hearing and absent an agreement, the Court will rule on the government's Motion, including its request for a receiver. No further extension of the TRO will be granted. Ordered by Judge Katherine M. Menendez on 8/8/2024. (SDV)
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Filing 40
(Text-Only) ORDER/NOTICE OF RESCHEDULING: The parties have informed the Court that they are working toward a possible partial resolution of this matter. For that reason the hearing set for 8/8/2024 has been RESCHEDULED. The hearing on Motion for Preliminary Injunction and Other Equitable Relief will commence on 8/9/2024 at 10:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. Ordered by Judge Katherine M. Menendez on 8/8/2024.(KAT)
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Filing 41
(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 8/7/2024: Status Conference.Court Reporter: Paula RichterMinneapolis Courthouse, Courtroom Telephone ConferenceTime: 11:3012:20Total Time: 50 minutesAPPEARANCES:For Plaintiff(s): Emily PetersonFor Defendant(s): Manda Sertich; John Westrick PROCEEDINGS: Case status conference held. (SDV)
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Filing 39
LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Shantel Magadanz re #31 Memorandum in Opposition to Motion filed by Shantel Magadanz.(Westrick, John)
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Filing 38
(Text-Only) ORDER/NOTICE OF SCHEDULING: Status Conference set for 8/7/2024 at 11:30 AM via Video Conference (no courtroom) before Judge Katherine M. Menendez. Ordered by Judge Katherine M. Menendez on 8/7/2024.(KAT)
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Filing 37
PROPOSED ORDER TO JUDGE re #33 MOTION for Continuance Motion to Continue the Hearing on Plaintiff's Motion for Preliminary Injunction and Modifying the Briefing Schedule filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc..(Sertich, Manda)
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Filing 36
MEET and CONFER STATEMENT re #33 Motion for Continuance, filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc..(Sertich, Manda)
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Filing 35
MEMORANDUM in Support re #33 MOTION for Continuance Motion to Continue the Hearing on Plaintiff's Motion for Preliminary Injunction and Modifying the Briefing Schedule Evergreen Defendants' Combined Memorandum of Law in Support of Motion to Continue and Response in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Sertich, Manda)
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Filing 34
NOTICE OF HEARING ON MOTION #33 MOTION for Continuance Motion to Continue the Hearing on Plaintiff's Motion for Preliminary Injunction and Modifying the Briefing Schedule : Date and time to be determined. (Sertich, Manda)
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Filing 33
MOTION for Continuance Motion to Continue the Hearing on Plaintiff's Motion for Preliminary Injunction and Modifying the Briefing Schedule filed by Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc.. (Sertich, Manda)
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Filing 32
DECLARATION of Shantel Magadanz in Opposition to #21 MOTION for Preliminary Injunction and Other Equitable Relief filed by Shantel Magadanz. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Westrick, John)
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Filing 31
MEMORANDUM in Opposition re #21 MOTION for Preliminary Injunction and Other Equitable Relief filed by Shantel Magadanz.(Westrick, John)
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Filing 30
Answer ANSWER to Complaint filed by Shantel Magadanz. (Westrick, John)
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Filing 29
NOTICE of Appearance by Manda M Sertich on behalf of Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc.. (Sertich, Manda)
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Filing 28
NOTICE of Appearance by John G. Westrick on behalf of Shantel Magadanz. (Westrick, John)
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Filing 27
MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 8/5/2024: Status Conference.Court Reporter: Paula RichterMinneapolis Courthouse, Courtroom Telephone ConferenceTime: 2:002:34Total Time: 34 minsAPPEARANCES:For Plaintiff(s): Emily Peterson; Ana VossFor Defendant(s): Manda Sertich; Nathan Converse (on behalf of the corporate defendants, David Backus, and Shawn Grygo); John Westrick (partial appearance on behalf of Shantel Magadanz) PROCEEDINGS: The Court held a telephonic status conference with the parties and discussed matters including recent changes in the representation of the defendants, as well as the Briefing Order [ECF 20] and upcoming hearing for the government's motion for preliminary injunction. The Court encouraged the parties to meet and confer at their earliest opportunity to explore whether there are areas for potential agreement related to the issuance of a preliminary injunction.(SDV)
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Filing 26
LETTER TO DISTRICT JUDGE by United States of America . (Peterson, Emily)
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Filing 25
CERTIFICATE OF SERVICE by United States of America re #23 Notice of Hearing on Motion, #22 Meet and Confer Statement, #21 MOTION for Preliminary Injunction and Other Equitable Relief (Peterson, Emily)
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Filing 24
PROPOSED ORDER TO JUDGE re #21 MOTION for Preliminary Injunction and Other Equitable Relief filed by United States of America.(Peterson, Emily)
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Filing 23
NOTICE OF HEARING ON MOTION #21 MOTION for Preliminary Injunction and Other Equitable Relief : Motion Hearing set for 8/8/2024 at 09:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. (Peterson, Emily)
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Filing 22
MEET and CONFER STATEMENT re #21 Motion for Preliminary Injunction filed by United States of America.(Peterson, Emily)
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Filing 21
MOTION for Preliminary Injunction and Other Equitable Relief filed by United States of America. (Peterson, Emily)
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Filing 20
BRIEFING ORDER. See Order text for details. Signed by Judge Katherine M. Menendez on 8/2/2024. (SDV)
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Filing 19
ORDER granting #17 Motion to Unseal Case. All documents will be UNSEALED Signed by Judge Katherine M. Menendez on 7/31/2024. (MMP)
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Filing 18
PROPOSED ORDER TO JUDGE re #17 MOTION to Unseal Case filed by United States of America.(Peterson, Emily)
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Filing 17
MOTION to Unseal Case filed by United States of America. (Peterson, Emily)
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Filing 14
SEALED PROPOSED ORDER TO JUDGE re 13 Application for Ex Parte Order Authorizing Disclosure and Use of Patient Substance Abuse Treatment Records by United States of America. (Peterson, Emily) Modified text on 7/26/2024 (ACH).
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Filing 12
(Text-Only) ORDER/NOTICE OF SCHEDULING: re #5 Motion for Preliminary Injunction. Motion Hearing set for 8/8/2024 at 09:00 AM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. Ordered by Judge Katherine M. Menendez on 7/25/2024.(KAT)
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Filing 11
ORDER granting #5 Motion for TRO. See Order for details. Signed by Judge Katherine M. Menendez on 7/25/2024. (KAT)
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Filing 10
ORDER granting #3 Motion to Seal Case. Signed by Judge Katherine M. Menendez on 7/25/2024. (KAT)
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Filing 9
Summons Issued as to David Backus, Ethos Recovery Clinic Inc., Evergreen Mental Health Services Inc., Evergreen Recovery Inc., Shawn Grygo, Shantel Magadanz, Second Chances Recovery Housing Inc., Second Chances Sober Living, Inc. (kt)cc: AUSA. (kt)
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Filing 8
PROPOSED ORDER TO JUDGE re #5 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by United States of America.(kt)
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Filing 7
Declaration of Emily M. Peterson in Support of #5 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by United States of America.(kt)
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Filing 6
MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order - Expedited Handling Requested MOTION for Preliminary Injunction - Expedited Handling Requested filed by United States of America. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(kt)
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Filing 5
MOTION for Temporary Restraining Order - Expedited Handling Requested, MOTION for Preliminary Injunction - Expedited Handling Requested filed by United States of America. (kt)
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Filing 4
PROPOSED ORDER TO JUDGE re #3 MOTION to Seal Case filed by United States of America.(kt)
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Filing 3
MOTION to Seal Case filed by United States of America. (kt)
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Filing 2
AFFIDAVIT of FBI Special Agent Kurt Beulke in Support re #1 Complaint by United States of America. (kt)
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Filing 1
COMPLAINT against All Defendants. Case assigned to Judge Katherine M. Menendez per 3rd/4th Master referred to Magistrate Judge John F. Docherty. filed by United States of America. Case assigned to Judge Katherine M. Menendez per 3rd/4th Master list, referred to Magistrate Judge John F. Docherty. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet) (kt)
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