United States of America v. Mikirticheva et al
| UNITED STATES OF AMERICA |
| Elena Mikirticheva and Andrey Mikirtichev |
| 3:2023cv00552 |
| August 30, 2023 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Environmental Matters |
| 07 U.S.C. § 2131 Violation of the Animal Welfare Act |
| None |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER (Granting Joint Motion for Extension of Time) that the Court hereby GRANTS the Motion for Extension of Time #17 . Defendants' Answer or other response to Plaintiffs' Complaint is due on or before November 20, 2023. It is so ORDERED. Signed by District Judge David J. Novak on 9/20/2023. (jenjones, )
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| Filing 17 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Andrey Mikirtichev, Elena Mikirticheva. (Attachments: #1 Proposed Order)(Henry, Patrick) |
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Filing 16
ORDER (Converting TRO into Preliminary Injunctive Relief). This matter comes before the Court on the Parties September 11, 2023 Notice of Joint Agreement, (ECF No. #15 ). Upon consideration of the Parties' Notice of Joint Agreement, the Court hereby ORDERS that the August 30, 2023 Temporary Restraining Order (TRO) be replaced with the following preliminary injunctive relief. The Court ORDERS that Defendants ELENA MIKIRTICHEVA and ANDREY MIKIRTICHEV, together with their agents, servants, employees, and those working in active concert with them, shall: SEE ORDER FOR DETAILS. In light of the agreement of the parties, the Court hereby CANCELS the hearing scheduled for September 19, 2023. Signed by District Judge David J. Novak on 9/12/2023. (jenjones, )
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| Motion Hearing scheduled for September 19, 2023 at 10:00 a.m. has been terminated. (cgar) |
| Filing 15 NOTICE of Joint Agreement (Attachments: #1 Proposed Order)(Henry, Patrick) Modified docket text on 9/12/2023 (adun, ). |
| Filing 14 NOTICE of Appearance by Patrick Cullen Henry, II on behalf of Andrey Mikirtichev, Elena Mikirticheva (Henry, Patrick) |
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Filing 13
ORDER: For the reasons stated during the hearing on September 7, 2023, the Court EXTENDS the August 30, 2023 Temporary Restraining Order ("TRO"), against Defendants Elena Mikirticheva and Andrey Mikirtichev and SCHEDULES a hearing for September 19, 2023, at 10 a.m. The TRO will expire after the September 19, 2023 hearing unless the Court orders otherwise. The Court also sets the following briefing schedule: once counsel for the Defendants files a Notice of Appearance in this case, counsel shall file a response to the Government's Motion for a TRO by September 11, 2023. The Government shall file a reply brief, if any, by September 14, 2023. If the Parties resolve this matter by September 11, 2023, then counsel for the Defendants shall, in lieu of filing a response to the Government's Motion for a TRO, file notice with the Court with a proposed Joint Agreement, explaining that the September 19, 2023 hearing is no longer needed and providing a Proposed Order to the Court. If, at any other time before the September 19, 2023 hearing, the Parties reach agreement resolving this matter, they shall promptly notify the Court, providing a proposed Joint Agreement and Proposed Order. Lastly, if the Parties fail to reach agreement and the September 19, 2023 hearing proceeds as scheduled, then the Government should be prepared to present at least one witness at the aforementioned hearing for providing testimony on why the Court should extend the TRO or grant other injunctive relief. SEE ORDER FOR DETAILS. Signed by District Judge David J. Novak on 9/7/23. (mful)
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| Filing 12 Minute Entry for proceedings held before District Judge David J. Novak (Melissa Custis, OCR): Motion Hearing held on 9/7/2023 re #5 MOTION for Temporary Restraining Order (EX PARTE) filed by UNITED STATES OF AMERICA; Court continued TRO hearing to allow counsel time to confer; TRO extending until 91/19/23; Order with deadlines to follow; Hearing as to #5 MOTION for Temporary Restraining Order (EX PARTE) continued to 9/19/2023 at 10:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (mful) |
| Filing 11 SUMMONS Returned Executed by UNITED STATES OF AMERICA (McIntosh, Robert) |
| Filing 10 SUMMONS Returned Executed by UNITED STATES OF AMERICA (McIntosh, Robert) |
| Filing 9 Certificate Regarding Service by UNITED STATES OF AMERICA re #7 Order PLEASE SEE DKT NO. 8 FOR COMPLETE DOCUMENTATION (McIntosh, Robert) |
| Filing 8 Certification Regarding Service by United States of America. (Attachments: #1 Affidavit "Return of Service" (Declaration of Sheri M. Perkinson), #2 Affidavit Declaration of Robert McIntosh, #3 Exhibit (unnumbered) Notice, #4 Exhibit 1 (Email dated August 31, 2023 4:30 PM), #5 Exhibit 2 (Email dated August 31, 2023 4:53 PM))(McIntosh, Robert) Modified docket text on 9/5/2023 (adun, ). |
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Filing 7
**SEE ORDER FOR ALL DETAILS***ORDER shall be served on Defendants by Friday, September 1, 2023, at 11:59 p.m. The plaintiffs shall file a pleading with the Court confirming that service has been perfected by this deadline. If this Order is not adequately served on Defendants by the deadline, the temporary restraining order shall expire on Tuesday, September 5, 2023, at 12:00 p.m. If the Order is properly served and a pleading showing perfection is timely filed with the Court by the deadline, then the Court will conduct a a hearing on the temporary restraining order on Thursday, September 7, 2023, at 11 :00 a.m. The Defendants, their counsel and counsel for the Government shall appear for the hearing. Signed by District Judge David J. Novak on 8/30/2023. (cgar)
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| Filing 6 Memorandum in Support re #5 MOTION for Temporary Restraining Order (EX PARTE) filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1 (Mikirtichev Notice of 21 Day Suspension), #2 Exhibit 2 (2021-06-14_Inspection_Report), #3 Exhibit 3 (2021-07-08_Inspection_Report), #4 Exhibit 4 (2022-01-27_Inspection_Report), #5 Exhibit 5 (2022-04-08_Inspection_Report), #6 Exhibit 6 (2022-07-20_Inspection_Report), #7 Exhibit 7 (2022-08-16_Inspection_Report), #8 Exhibit 8 (2022-12-08_Inspection_Report), #9 Exhibit 9 (2023-03-16_Inspection_Report), #10 Exhibit 10 (2023-03-20_Inspection_Report), #11 Exhibit 11 (2023-04-03_Inspection_Report), #12 Exhibit 12 (2023-04-19_Inspection_Report), #13 Exhibit 13 (2023-07-24_Inspection_Report), #14 Exhibit 14 (2023-08-09 Inspection Report (Focused)), #15 Exhibit 15 (USDA Administrative Complaint), #16 Affidavit (Exhibit 16, Miller Declaration), #17 Affidavit (Exhibit 17, D'Apice Declaration), #18 Affidavit (Exhibit 18, Hollingsworth Declaration))(McIntosh, Robert) |
| Filing 5 MOTION for Temporary Restraining Order (EX PARTE) by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(McIntosh, Robert) |
| Filing 4 Summons Issued as to Andrey Mikirtichev and Elena Mikirticheva. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (jsmi, ) |
| Filing 3 Proposed Summons re #1 Complaint to be issued to Andrey Mikirtichev by UNITED STATES OF AMERICA. (McIntosh, Robert) |
| Filing 2 Proposed Summons re #1 Complaint to be issued to Elena Mikirticheva by UNITED STATES OF AMERICA. (McIntosh, Robert) |
| Filing 1 Complaint for Declaratory and Injunctive Relief, filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet)(McIntosh, Robert) (Additional attachment(s) added on 8/30/2023: #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14) (jsmi, ). |
| Initial Case Assignment to District Judge David J. Novak. (jsmi, ) |
| TRO Hearing set for 9/7/2023 at 11:00 AM in Richmond Courtroom 6300 before District Judge David J. Novak. (cgar) |
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