United States of America v. Yin Gong Corp. et al
| United States of America |
| Yong Xing Wang and Yin Gong Corp. |
| 1:2021cv05613 |
| June 28, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Other Statutory Actions |
| 21 U.S.C. ยง 601 |
| None |
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Filing 5
CONSENT DECREE: NOW, THEREFORE, with the consent of the Parties, it is hereby ORDERED, ADJUDGED, and DECREED as follows: If Defendants fail to comply with the applicable sales restrictions of Paragraph 4(a) of this Consent Decree, Defendants agree to the following relief: for the first violation, Defendants agree to pay to the United States a civil penalty of $500.00 per pound, or portion thereof, of uninspected and or misbranded meat or meat food product capable of use as human food; and for any subsequent violations, the defendants agree to pay to the United States a civil penalty of $1,000.00 per pound, or portion thereof, of uninspected and or misbranded meat or meat food product capable of use as human food. for the first violation, Defendants agree to pay to the United States a civil penalty of $500.00 for each pound, or portion thereof, of uninspected meat or meat food product capable for use as human food; for the second violation, Defendants agree to pay to the United States a civil penalty if $1,000.00 for each pound, or portion thereof, of uninspected or misbranded meat or meat food product capable for use as human food; and for every violation thereafter, Defendants agree to pay to the United States a civil penalty of $2,500.00. The amounts set forth in Paragraphs 9 and 10 shallbe separate and apart from any other remedy that the United States may pursue for violations of this Consent Decree. Should enforcement proceedings beyond this Consent Decree be necessary, Defendants agree that the United States shall be entitled to recover from Defendants all court reasonable costs and expenses incurred by the Food Safety and Inspection Service of the USDA in such proceedings, including investigation time, preparation time, and reasonable attorneys' fees. Defendants must provide a copy of this Consent Decree to each of their officers, directors, and employees within ten (10) days of the date of entry of this Consent Decree by the Court and must, within thirty (30) days of the date of entry of this Consent Decree, provide undersigned counsel for the United States with a sworn declaration of compliance that contains the information set forth below. Each party shall bear its own costs and attorneys' fees. The provisions of this Consent Decree shall become effective immediately as to all Parties upon entry of this Consent Decree by the Court. All motions are terminated. The case is closed. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/29/2021) (ama)
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| Filing 4 LETTER addressed to Judge P. Kevin Castel from Charles S. Jacob dated June 29, 2021 re: Consent Decree. Document filed by United States of America..(Jacob, Charles) |
| Filing 3 PROPOSED CONSENT ORDER. Document filed by United States of America..(Jacob, Charles) |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles Salim Jacob. The party information for the following party/parties has been modified: United States of America, Yong Xing Wang, Yin Gong Corp.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Filing 2 CIVIL COVER SHEET filed..(Jacob, Charles) |
| Filing 1 COMPLAINT against Yong Xing Wang, Yin Gong Corp.. Document filed by United States of America..(Jacob, Charles) |
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