United States Of America v. Envigo RMS, LLC
Plaintiff: United States Of America
Defendant: Envigo RMS, LLC
Case Number: 6:2022cv00028
Filed: May 19, 2022
Court: US District Court for the Western District of Virginia
Presiding Judge: Norman K Moon
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. § 499 Agricultural Commodities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2022 Opinion or Order Filing 41 ORAL ORDER: Consistent with the terms of Parties' consent decree, Dkt. 38, the Court GRANTS the United States' motion to dismiss its Complaint with prejudice, Dkt. 40. Entered by Senior Judge Norman K. Moon on 9/14/22. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
September 14, 2022 Opinion or Order Filing 40 MOTION to Voluntary Dismiss Complaint by United States Of America. (Attachments: #1 Exhibit Declaration of Theodore R. Wasky)(Hollingsworth, Mary)
September 9, 2022 Opinion or Order Filing 39 WAIVER OF SERVICE Returned Executed by United States Of America. Envigo RMS, LLC waiver sent on 7/14/2022, answer due 9/12/2022.(Hollingsworth, Mary)
July 15, 2022 Opinion or Order Filing 38 CONSENT DECREE. Signed by Senior Judge Norman K. Moon on 7/15/2022. (al)
July 14, 2022 Opinion or Order Filing 37 SETTLEMENT AGREEMENT by United States Of America (Attachments: #1 Exhibit Joint Transfer Plan)(Hollingsworth, Mary)
July 5, 2022 Opinion or Order Filing 36 ORAL ORDER: The Court is in receipt of the parties' joint plan to transfer all animals remaining at the Cumberland facility. Upon review, the plan is APPROVED. Moreover, it appearing proper to do so, the Government's request for a 10-day extension of time, Dkt. 35, is GRANTED. It is so ORDERED. Entered by Senior Judge Norman K. Moon on 7/5/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
July 1, 2022 Opinion or Order Filing 35 NOTICE by United States Of America of Joint Transfer Plan (Attachments: #1 Exhibit Joint Transfer Plan)(Hollingsworth, Mary)
June 30, 2022 Opinion or Order Filing 34 ORDER denying #31 Motion for Reconsideration; denying #33 Joint Motion for Extension of Time to File Document Joint Transfer Plan. The Government has until 1:00 p.m. on July 1, 2022, to submit its plan for the expeditious removal of all dogs remaining at the Cumberland facility. Signed by Senior Judge Norman K. Moon on 6/30/2022. (al)
June 29, 2022 Opinion or Order Filing 33 Joint MOTION for Extension of Time to File Joint Transfer Plan by Envigo RMS, LLC. (Santos, Brandon)
June 29, 2022 Opinion or Order Filing 32 RESPONSE in Opposition re #31 MOTION for Reconsideration re #30 Order on Motion for Miscellaneous Relief,,,, Order on Motion for Extension of Time to File Document, . filed by United States Of America. (Hollingsworth, Mary)
June 28, 2022 Opinion or Order Filing 31 MOTION for Reconsideration re #30 Order on Motion for Miscellaneous Relief,,,, Order on Motion for Extension of Time to File Document, by Envigo RMS, LLC. (Santos, Brandon)
June 27, 2022 Opinion or Order Filing 30 ORDER denying as moot #25 Motion for Consent of the Court to Proceed with Fulfilling Existing Customer Orders; granting #26 MOTION Motion for Clarification re #21 Memorandum Opinion, #22 Order on Motion for Preliminary Injunction; granting #27 Joint Motion for Extension of Time to File Joint Transfer Plan. Signed by Senior Judge Norman K. Moon on 6/27/2022. (al)
June 26, 2022 Opinion or Order Filing 29 RESPONSE in Opposition re #25 MOTION for Consent of the Court to Proceed with Fulfilling Existing Customer Orders . filed by United States Of America. (Attachments: #1 Exhibit Exhibit A - Declaration of Mary Hollingsworth)(Hollingsworth, Mary)
June 24, 2022 Opinion or Order Filing 28 RESPONSE in Opposition re #26 MOTION Motion for Clarification re #21 Memorandum Opinion, #22 Order on Motion for Preliminary Injunction, . filed by Envigo RMS, LLC. (Santos, Brandon)
June 24, 2022 Opinion or Order Filing 27 Joint MOTION for Extension of Time to File Joint Transfer Plan by United States Of America. (Hollingsworth, Mary)
June 24, 2022 Opinion or Order Filing 26 MOTION Motion for Clarification re #21 Memorandum Opinion, #22 Order on Motion for Preliminary Injunction, by United States Of America. (Attachments: #1 Exhibit Virginia Secretary of State Entity Information: Envigo Global Services Inc. (entity ID F0526493), #2 Exhibit Virginia Secretary of State Entity Information: Envigo RMS, LLC (entity ID T0806093))(Panda, Shampa)
June 24, 2022 Opinion or Order Filing 25 MOTION for Consent of the Court to Proceed with Fulfilling Existing Customer Orders by Envigo RMS, LLC. (Attachments: #1 Declaration in Support by Michael C. Garrett, #2 Exhibit Exhibit A to Garrett Declaration)(Santos, Brandon)
June 22, 2022 Opinion or Order Filing 24 ORAL ORDER: Good cause having been shown, the Government's unopposed motion for extension of time, Dkt. #23 , is GRANTED. The parties shall have until 5:00 p.m. on June 24, 2022 to present the Court with a joint plan to transfer the remaining beagles out of the Cumberland facility. Entered by Senior Judge Norman K. Moon on June 22, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
June 22, 2022 Opinion or Order Filing 23 MOTION for Extension of Time to File by United States Of America. (Hollingsworth, Mary)
June 17, 2022 Opinion or Order Filing 22 PRELIMINARY INJUNCTION ORDER; granting in part and denying in part #17 Motion for Preliminary Injunction as set forth herein. To better facilitate a speedy resolution, both parties are further DIRECTED to confer and inform the Court, by 5:00 p.m. on Wednesday, June 22, 2022, of their plan for transferring all remaining animals out of the Cumberland facility. Signed by Senior Judge Norman K. Moon on 6/17/2022. (al)
June 17, 2022 Opinion or Order Filing 21 MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 6/17/2022. (al)
June 16, 2022 Opinion or Order Filing 20 REPLY to Response to Motion re #17 MOTION for Preliminary Injunction . filed by United States Of America. (Hollingsworth, Mary)
June 13, 2022 Opinion or Order Filing 19 Minute Entry for proceedings held before Senior Judge Norman K. Moon: Motion Hearing held on 6/13/2022 via ZOOM, re #17 MOTION for Preliminary Injunction filed by United States Of America. (Court Reporter: Judy Webb) (ca)
June 13, 2022 Opinion or Order Filing 18 First RESPONSE in Opposition re #17 MOTION for Preliminary Injunction . filed by Envigo RMS, LLC. (Attachments: #1 Declaration in Support by John Sagartz, #2 Declaration in Support by Carmen Wilbourn, #3 Declaration in Support by Len Edward Murray, #4 Declaration in Support by Jeannie Perron, #5 Exhibit Exhibit A to Perron Declaration, #6 Exhibit Exhibit B to Perron Declaration, #7 Exhibit Exhibit C to Perron Declaration, #8 Exhibit Exhibit D to Perron Declaration, #9 Exhibit Exhibit E to Perron Declaration, #10 Exhibit Exhibit F to Perron Declaration, #11 Exhibit Exhibit G to Perron Declaration)(Santos, Brandon)
June 10, 2022 Opinion or Order Filing 17 MOTION for Preliminary Injunction by United States Of America. (Attachments: #1 Exhibit Memorandum of Points and Authorities, #2 Exhibit Exhibit A - Declaration of Dr. Samantha Moffitt, #3 Exhibit Exhibit B - Declaration of Amy Taylor, #4 Exhibit Exhibit C - May 2022 Inspection Report, #5 Exhibit Exhibit D - Examples of Overcrowded Enclosures)(Hollingsworth, Mary)
June 10, 2022 Opinion or Order Filing 16 NOTICE of Appearance by Benjamin J Razi on behalf of Envigo RMS, LLC (Razi, Benjamin)
June 3, 2022 Opinion or Order Filing 15 NOTICE of Video-Conference Hearing: (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings). Court Hearing re: Preliminary Injunction set for June 13, 2022 at 1:00 PM via Zoom before Senior Judge Norman K. Moon. (ca)
June 1, 2022 Opinion or Order Filing 14 Notice of Cancellation of VIDEO Court Hearing re: #6 Amended Temporary Restraining Order set for 6/2/2022 at 10:30 AM. (Cancel Court Reporter) (ca)
June 1, 2022 Opinion or Order Filing 13 ORDER granting #12 Joint MOTION To Extend Temporary Restraining Order and Continue Preliminary Injunction Hearing re #6 Amended Temporary Restraining Order. Tomorrow's preliminary injunction hearing is CONTINUED, and the terms of the TRO are hereby EXTENDED for 14 days. The parties are DIRECTED to contact Carmen Amos to reschedule the preliminary injunction hearing for a date on or around June 13, 2022. Signed by Senior Judge Norman K. Moon on June 1, 2022. (ca)
June 1, 2022 Opinion or Order Filing 12 Joint MOTION To Extend Temporary Restraining Order and Continue Preliminary Injunction Hearing re #6 Temporary Restraining Order by United States Of America. (Hollingsworth, Mary)
June 1, 2022 Opinion or Order Filing 11 ORDER granting #10 MOTION for Benjamin J. Razi to Appear Pro Hac Vice. Signed by Senior Judge Norman K. Moon on June 1, 2022. (ca)
May 31, 2022 Opinion or Order Filing 10 MOTION for Benjamin J. Razi to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3959591. by Envigo RMS, LLC. (Attachments: #1 Text of Proposed Order)(Adams, John)
May 31, 2022 Opinion or Order Filing 9 NOTICE of Appearance by Brandon Michael Santos on behalf of Envigo RMS, LLC (Santos, Brandon)
May 31, 2022 Opinion or Order Filing 8 NOTICE of Appearance by John Donley Adams on behalf of Envigo RMS, LLC (Adams, John)
May 31, 2022 Opinion or Order John D. Adams, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by #updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (ca)
May 27, 2022 Opinion or Order Filing 7 NOTICE of Hearing: (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings)VIDEO Court Hearing re: #6 Amended Temporary Restraining Order set for 6/2/2022 10:30 AM before Senior Judge Norman K. Moon. (hnw)
May 21, 2022 Opinion or Order Filing 6 AMENDED TEMPORARY RESTRAINING ORDER. Signed by Senior Judge Norman K. Moon on May 21, 2022. (ca)
May 21, 2022 Opinion or Order Filing 5 ORAL ORDER: Upon review of the Government's motion for clarification at Dkt. #4 , the Court GRANTS the motion and will issue a clarified version of the TRO. It is so ORDERED. Entered by Senior Judge Norman K. Moon on May 21, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
May 21, 2022 Opinion or Order Filing 4 MOTION for Clarification re #3 TEMPORARY RESTRAINING ORDER, by United States Of America. (Hollingsworth, Mary) Modified docket text on 5/21/2022 (ca).
May 21, 2022 Opinion or Order Filing 3 TEMPORARY RESTRAINING ORDER; granting #2 Emergency MOTION for Temporary Restraining Order filed by United States Of America. Signed by Senior Judge Norman K. Moon on May 21, 2022. (ca) .
May 19, 2022 Opinion or Order Filing 2 Emergency MOTION for Temporary Restraining Order by United States Of America. (Attachments: #1 Exhibit Memorandum of Points and Authorities in Support of Ex Parte Motion for Temporary Restraining Order, #2 Exhibit Exhibit A - July 2021 Inspection Report Part 1, #3 Exhibit Exhibit B - July 2021 Inspection Part 2, #4 Exhibit Exhibit C - October 2021 Inspection Report, #5 Exhibit Exhibit D - November 2021 Inspection Report, #6 Exhibit Exhibit E - March 2022 Inspection Report, #7 Exhibit Exhibit F - May 16, 2022 Necropsy Report, #8 Exhibit Exhibit G - Declaration of Dr. Moffitt, #9 Exhibit Exhibit H - Declaration of Mary Hollingsworth, #10 Exhibit Exhibit I - Declaration of Amy Taylor, #11 Exhibit Exhibit J - May 18, 2022 Veterinary Treatment Forms)(Hollingsworth, Mary)
May 19, 2022 Opinion or Order Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Envigo RMS, LLC, filed by United States Of America. (Attachments: #1 Exhibit A - July 2021 Inspection Report _ Part 1, #2 Exhibit B - July 2021 Inspection Report _ Part 2, #3 Exhibit C - October 2021 Inspection Report, #4 Exhibit D - November 2021 Inspection Report, #5 Exhibit E - March 2022 Inspection Report, #6 Civil Cover Sheet)(ca)

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Plaintiff: United States Of America
Represented By: Anthony Paul Giorno
Represented By: Mary Hollingsworth
Represented By: Shampa Panda
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Defendant: Envigo RMS, LLC
Represented By: Benjamin J Razi
Represented By: Brandon Michael Santos
Represented By: John Donley Adams
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