United States of America v. Mallory et al
| United States of America |
| CAMO HEMP WV LLC, Gary Kale, Grassy Run Farms, LLC, Matthew Mallory and Alternative Medicinal Options LLC |
| 3:2018cv01289 |
| September 11, 2018 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Robert C Chambers |
| Other Statutory Actions |
| 21 U.S.C. § 801 |
| None |
Docket Report
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| Filing 48 MOTION by United States of America for Leave to File an Amended Verified Complaint for Declaratory Relief; Temporary, Preliminary, and Permanent Injunctive Relief; Asset Forfeiture; and Civil Penalties (Attachments: #1 Amended Complaint, #2 Verification)(Westfall, Fred) |
| Filing 47 SEALED MATERIALS: Notice Under Seal Regarding Industrial Hemp filed by Alternative Medicinal Options LLC, Matthew Mallory pursuant to Court Order. (Goodwin, Carte) |
Filing 46
ORDER granting the United States' #31 MOTION for Substitution of Parties; directing that Defendant Alternative Medicinal Options LLC be substituted for Defendant CAMO HEMP WV LLC. Signed by Judge Robert C. Chambers on 10/31/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 45
ORDER GRANTING UNOPPOSED MOTION FOR PERMISSION TO BRUSH HOG RESIDUAL HEMP PLANT MATTER granting Defendant Grassy Run Farms, LLC and Defendant Gary Kale's #40 UNOPPOSED MOTION to Brush Hog Residual Hemp Plant Matter; directing Defendant Grassy Run Farms, LLC and Defendant Gary Kale to submit additional photographs depicting the status of the subject property after they have been brush hogged. Signed by Judge Robert C. Chambers on 10/31/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 44 EXHIBIT A by Grassy Run Farms, LLC, Gary Kale in support of #40 UNOPPOSED MOTION by Grassy Run Farms, LLC, Gary Kale Brush Hog Residual Hemp Plant Matter. (Goodwin, R.) |
| Filing 43 RESPONSE by CAMO HEMP WV LLC, Matthew Mallory re: #31 MOTION by United States of America to Substitute Party (Goodwin, Carte) |
| Filing 42 MOTION AND MEMORANDUM IN SUPPORT ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 10/22/2018 as to Commonwealth Alternative Medicinal Options LLC. (jsa) |
| Filing 41 MOTION AND MEMORANDUM IN SUPPORT ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 10/22/2018 as to Commonwealth Alternative Medicinal Options LLC. (jsa) |
| Filing 40 UNOPPOSED MOTION by Grassy Run Farms, LLC, Gary Kale Brush Hog Residual Hemp Plant Matter (Attachments: #1 Proposed Order)(Goodwin, R.) |
| Filing 39 REPLY by Grassy Run Farms, LLC, Gary Kale to #38 Memorandum In Opposition. (Goodwin, R.) |
| Filing 38 MEMORANDUM by United States of America in opposition to #34 MOTION by Grassy Run Farms, LLC, Gary Kale to Dismiss #3 Complaint (Westfall, Fred) |
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Filing 37
ORDER denying as moot Defendant Matthew Mallory and Defendant CAMO Hemp WV LLC's #16 MOTION to Dissolve Ex Parte Temporary Restraining Order and in Opposition to Preliminary Injunction; granting the United States' #21 MOTION for Clarification of Preliminary Injunction Memorandum Opinion and Order; directing Defendants Mallory and CAMO to disclose to the Court and counsel for the Government the current location of the industrial hemp that is the subject of this action and notify the Court and counsel for the Government of their timeline and future plans for the industrial hemp; further directing that such information shall be filed with the Court UNDER SEAL; further prohibiting Defendants from moving the industrial hemp outside of West Virginia without further order of this Court. Signed by Judge Robert C. Chambers on 10/22/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 36 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jennifer M. Mankins appearing on behalf of United States of America. (Mankins, Jennifer) |
| Filing 35 MEMORANDUM by Grassy Run Farms, LLC, Gary Kale in support of #34 MOTION by Grassy Run Farms, LLC, Gary Kale to Dismiss f #3 Complaint. (Goodwin, R.) |
| Filing 34 MOTION by Grassy Run Farms, LLC, Gary Kale to Dismiss #3 Complaint. (Goodwin, R.) |
| Filing 33 VERIFIED CLAIM of Ownership (Goodwin, R.) |
| Filing 32 MEMORANDUM by United States of America in support of #31 MOTION by United States of America to Substitute Party (Westfall, Fred) |
| Filing 31 MOTION by United States of America to Substitute Party (Westfall, Fred) |
| Filing 30 MEMORANDUM by United States of America in opposition to #28 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dismiss for Failure to State a Claim re: #3 Complaint. (Westfall, Fred) |
| Filing 29 MEMORANDUM by CAMO HEMP WV LLC, Matthew Mallory in support of #28 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dismiss for Failure to State a Claim re: #3 Complaint (Goodwin, Carte) |
| Filing 28 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dismiss for Failure to State a Claim re: #3 Complaint. (Goodwin, Carte) |
| Filing 27 STIPULATION EXTENDING TIME for Gary Kale and Grassy Run Farms, LLC to answer or otherwise respond to #3 Complaint to 10/17/2018 by Grassy Run Farms, LLC, Gary Kale, United States of America (Goodwin, R.) (Modified on 10/4/2018 to add link to #3 complaint and to add party filer) (ts). |
| Filing 26 RESPONSE by CAMO HEMP WV LLC, Matthew Mallory re: #21 MOTION by United States of America For Clarification Of Preliminary Injunction #20 Memorandum Opinion and Order (Goodwin, Carte) |
| Filing 25 REPLY by CAMO HEMP WV LLC, Matthew Mallory to #24 Memorandum In Opposition. (Attachments: #1 Exhibit A, #2 Exhibit A cont.)(Goodwin, Carte) |
| Filing 24 MEMORANDUM by United States of America in opposition to #16 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dissolve #5 Ex Parte Temporary Restraining Order and In Opposition to #1 Motion for Preliminary Injunction (Westfall, Fred) |
| Filing 23 RETURN OF SERVICE ON SUBPOENA for Records Custodian, United Parcel Service. (Westfall, Fred) |
| Filing 22 RETURN OF SERVICE ON SUBPOENA for Jay Thompson. (Westfall, Fred) |
| Filing 21 MOTION by United States of America For Clarification Of Preliminary Injunction #20 Memorandum Opinion and Order (Westfall, Fred) |
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Filing 20
MEMORANDUM OPINION AND ORDER converting the #5 Ex Parte Restraining Order into a Preliminary Injunction, with the modification that Defendants may harvest, dry, and process the marijuana; Defendants may not transport or sell any portion of the marijuana after it is processed. Signed by Judge Robert C. Chambers on 9/17/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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| Filing 19 EXHIBIT LIST FROM MOTION HEARING held 9/17/2018. (Attachments: #1 Defendant's Exhibit A, #2 Defendant's Exhibit B, #3 Government's Exhibit 1, #4 Government's Exhibit 2, #5 Government's Exhibit 3, #6 Government's Exhibit 4, #7 Government's Exhibit 5, #8 Government's Exhibit 6, #9 Government's Exhibit 7, #10 Government's Exhibit 8, #11 Government's Exhibit 9, #12 Government's Exhibit 10, #13 Government's Exhibit 11, #14 Government's Exhibit 12) (jsa) |
| Filing 18 MOTION HEARING held by Judge Robert C. Chambers on 9/17/2018; Court Reporter: Kathy Swinhart. (trj) |
| Filing 17 MEMORANDUM by CAMO HEMP WV LLC, Matthew Mallory in support of #16 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dissolve #5 Ex Parte Temporary Restraining Order and In Opposition to #1 Motion for Preliminary Injunction (Goodwin, Carte) |
| Filing 16 MOTION by CAMO HEMP WV LLC, Matthew Mallory to Dissolve #5 Ex Parte Temporary Restraining Order and In Opposition to #1 Motion for Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goodwin, Carte) |
| Filing 15 NOTICE Pursuant to Federal Rule of Evidence 902(11) of Intent to Use Certified Domestic Records of a Regularly Conducted Activity by United States of America (Westfall, Fred) |
| Filing 14 NOTICE OF APPEARANCE by R. Booth Goodwin, II and Tammy J. Owen on behalf of Grassy Run Farms, LLC, Gary Kale. (Goodwin, R.) |
| Filing 13 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 9/12/2018 as to Matthew Mallory. (jsa) |
| Filing 12 SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE on 9/12/2018 as to CAMO HEMP WV LLC. (jsa) |
| Filing 11 NOTICE of Issuance of Subpoenas by United States of America (Attachment: #1 Subpoenas)(Westfall, Fred) |
| Filing 10 RETURN OF SERVICE ON SUBPOENA for Michael C. Arnold; accepted by Executive Assistant Jennifer Keaton on 9/12/2018. (jsa) |
| Filing 9 SUMMONS ISSUED by the Clerk for Grassy Run Farms, LLC, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies returned to Assistant United States Attorney for service. (hkl) |
| Filing 8 SUMMONS ISSUED by the Clerk for Gary Kale, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies returned to Assistant United States Attorney for service. (hkl) |
| Filing 7 SUMMONS ISSUED by the Clerk for CAMO HEMP WV LLC, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies returned to Assistant United States Attorney for service. (hkl) |
| Filing 6 SUMMONS ISSUED by the Clerk for Matthew Mallory, re: #3 Complaint, returnable 21 days. Original Summons and 2 copies returned to Assistant United States Attorney for service. (hkl) |
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Filing 5
EX PARTE TEMPORARY RESTRAINING ORDER granting the United States' #1 MOTION for Temporary Restraining Order and #1 MOTION for Preliminary Injunction; directing that the defendants, their agents, servants, assigns, attorneys, and all others acting in concert with the defendants, are temporarily restrained from the actions described herein; this ex parte temporary restraining order shall remain in effect for 14 days unless terminated earlier by the Court; further directing that a preliminary injunction hearing will be held on 9/17/2018 at 10:00 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 9/11/2018. (cc: USA) (jsa)
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| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: attys; any unrepresented party) (hkl) (Modified on 9/11/2018 to replace image) (mkw). |
| Filing 3 VERIFIED COMPLAINT FOR DECLARATORY RELIEF; TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTIVE RELIEF; ASSET FORFEITURE; AND CIVIL PENALTIES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Verification of Michael T. Smith, #8 Civil Cover Sheet) (hkl) |
| Filing 2 MEMORANDUM by United States of America in support of #1 MOTION by United States of America for Ex Parte Temporary Restraining Order and MOTION for Preliminary Injunction (Westfall, Fred) |
| Filing 1 MOTION by United States of America for Ex Parte Temporary Restraining Order and MOTION for Preliminary Injunction (Attachment: #1 Proposed Order)(Westfall, Fred) |
| CASE assigned to Judge Robert C. Chambers. (klc) |
| NOTICE OF DOCKET CORRECTION re: #4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Error: Standing Order contained an incorrect filed date. Correction: Replaced incorrect image with correct image. (mkw) |
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