Secretary, Department of Agriculture, et al v. Premises Known and Described as Parcel ID 323012M036 et al
| Kevin Shea and Thomas J. Vilsack |
| Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M073, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Donna Bowen and Thomas Brown |
| 1:2021cv00290 |
| April 22, 2021 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Agriculture Acts |
| None |
Docket Report
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This docket was last retrieved on January 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE by Respondents Donna Bowen, Thomas Brown, Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073 Proposed Stipulated Warrant for Entry, Inspection, and Search and Seizure Pursuant to 7 U.S.C. 7731(c)(2) (O'Connell, Brian) |
| Filing 7 MOTION for Leave to File to File Declaration of Mark Webber in Support of Thomas Brown and Donna Bowen Opposition to Petition or in the Alternative Motion for Preliminary Injunction by Respondents Donna Bowen, Thomas Brown, Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073. (Attachments: #1 Exhibit 1 Declaration of Mark A. Webber) (O'Connell, Brian) |
Minute Entry and Notation Order: This civil action came before the Court for a telephonic conference on 5/20/2021 at 2:30 p.m. Bill King and Elizabeth Kruman appeared on behalf of Petitioners. Philip Baldauf, USDA's Ohio Director for the Asian Long-horned Beetle Eradication program; and Carrie Findling, a supervisor in Petitioner's Plant Protection Office, also participated on behalf of Petitioners. Brian O'Connell appeared on behalf of Respondents. The parties believe they can reach an agreement that would allow Petitioner access to the property to conduct a survey and possibly remove some trees. The parties SHALL jointly draft and then expeditiously file: 1) an agreement signed by both parties memorializing the terms of their understanding; and 2) a proposed warrant consistent with their memorialized agreement. The Court will act expeditiously on the proposed warrant. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/20/2021. (rrs)
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Notation Order: This civil case is before the Court on Petitioner's unopposed email request for a telephone conference to discuss Petitioner's request for a search and seizure warrant. This case is set for a telephone conference on 5/20/2021 at 2:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/19/2021. (rrs)
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| Filing 6 REPLY to Respondent's Answer re #4 Answer to Complaint,,, by Petitioners Kevin Shea, Thomas J. Vilsack. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (King, William) |
| Filing 5 RESPONSE to Motion re #2 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (King, William) |
| Filing 4 ANSWER/MEMORANDUM IN OPPOSITION TO #1 Complaint/PETITION FOR SEARCH AND SEIZURE WARRANT filed by Donna Bowen, Thomas Brown, Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073. (Attachments: #1 Exhibit A Declaration of Thomas Brown, #2 Exhibit B Declaration of Kristen Keane, #3 Exhibit C Declaration of Brian J. O'Connell, #4 Exhibit D Transcript Excerpt, #5 Exhibit E Final Judgment Entry Granting Motion for involuntary Dismissal of Counterclaims, #6 Exhibit F Judgment Entry Granting Plaintiff Permanent Injunction) (O'Connell, Brian) Modified docket text on 5/10/2021 (eh). |
| Filing 3 MEMORANDUM IN SUPPORT re #2 MOTION for Preliminary Injunction filed by Respondents Donna Bowen, Thomas Brown, Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073. (Attachments: #1 Exhibit A Declaration of Thomas Brown, #2 Exhibit B Declaration of Kristen Keane, #3 Exhibit C Declaration of Brian J. O'Connell, #4 Exhibit D Transcript Excerpt of Proceeding, #5 Exhibit E Final Judgment Entry Granting Motion for Involuntary Dismissal of Counterclaims, #6 Exhibit F Judgment Entry Granting Plaintiff Permanent Injunction) (O'Connell, Brian) Modified on 5/10/2021 (eh). |
| Filing 2 MOTION for Preliminary Injunction by Respondents Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073, Thomas Brown, Donna Bowen. (O'Connell, Brian) |
| Notice of Correction: Please be aware that docs. #3 and #4 are identical pleadings, filed twice to capture the Memorandum in Support of Motion for Prel. Inj. and the Response to Petition in ECF. (eh) |
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Minute Entry and Notation Order: This civil action came before for a telephonic conference on the record on 4/26/2021 at 10:30 a.m. Bill King and Elizabeth Kruman appeared on behalf of Petitioners; Brian O'Connell appeared on behalf of Respondents. The parties agreed to an expedited briefing schedule on the petition for a search and seizure warrant (Doc. #1 ). Respondents also agreed to waive any motion to quash the warrant if the warrant is issued following expedited briefing. Respondents shall file any response in opposition to the petition (Doc. #1 ) on or before 5/10/2021. Petitioners may file a reply in support on or before 5/17/2021. The Court will then rule expeditiously on the petition. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/26/2021. (Court Reporter Lisa Conley-Yungblut.) (rrs)
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Notation Order: This civil action is before the Court on Petitioner's unopposed email request for a telephone conference to discuss Petitioner's expedited request for a search and seizure warrant. A telephone conference is set for 4/26/2021 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/23/2021. (rrs)
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| Filing 1 COMPLAINT PETITION FOR SEARCH AND SEIZURE WARRANT against Premises Known and Described as Parcel ID 323012M036, Premises Known and Described as Parcel ID 323012M069, Premises Known and Described as Parcel ID 323012M072, Premises Known and Described as Parcel ID 323012M073, filed by Thomas J. Vilsack, Kevin Shea. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-Declaration of Philip Baldauf, #3 Exhibit 2-Proposed Warrant) (King, William) |
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