Green Room LLC et al v. State of Wyoming et al
| Green Room LLC, JB Development Inc doing business as Polyxtracts, Cind's CBD and Vape LLC, Mountain High Wellness LLC, Up N Smoke II LLC doing business as Up N Smoke II, Greybull River Farms LLC, Dr Chronics Concentrates LLC doing business as Dr Chronics Concentrates and Vapes, Capitol Enterprises LLC doing business as Capitol Botanicals, Flower Castle Elevated Wellness LLC, Platte Enterprises LLC doing business as Platte Hemp Company LLC and Mandy Flint |
| Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor, State of Wyoming, Mark Gordon, Bridget Hill and Doug Miyamoto |
| 2:2024cv00128 |
| June 28, 2024 |
| U.S. District Court for the District of Wyoming |
| Kelly H Rankin |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 44 Appeal Number 24-8054 received from USCA for #41 Amended Notice of Appeal filed by Green Room LLC. Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/14/2024 Fee is due by 09/03/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. Docketing statement due 09/03/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. Transcript order form due 09/03/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. Disclosure statement due on 09/03/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC and Up N Smoke II LLC. Notice of appearance due on 09/03/2024 for Albany County District Attorney, Big Horn County District Attorney, Campbell County District Attorney, Capitol Enterprises LLC, Carbon County District Attorney, Cind's CBD and Vape LLC, Converse County District Attorney, Crook County District Attorney, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Fremont County District Attorney, Goshen County District Attorney, Green Room LLC, Greybull River Farms LLC, Hot Springs County District Attorney, JB Development Inc., Johnson County District Attorney, Laramie County District Attorney, Lincoln County District Attorney, Mountain High Wellness LLC, Natrona County District Attorney, Niobrara County District Attorney, Park County District Attorney, Platte County District Attorney, Platte Enterprises LLC, Sheridan County District Attorney, State of Wyoming, Sublette County District Attorney, Sweetwater County District Attorney, Teton County District Attorney, Uinta County District Attorney, Up N Smoke II LLC, Washakie County District Attorney, Weston County District Attorney, Wyoming Attorney General, Wyoming Department of Agriculture Director and Wyoming Governor. [24-8054] (Court Staff, smxb) |
| Filing 43 Supplemental Preliminary Record of appeal sent to USCA and counsel re #41 Amended Notice of Appeal The procedures and appeals forms may be obtained from the U.S. Court of Appeals website: www.ca10.uscourts.gov. (Attachments: #1 Supplemental Preliminary Record) (Court Staff, stbd) |
| Filing 42 TRANSCRIPT ORDER FORM by court reporter Jan Davis. Transcripts due 9/19/2024. (Davis, Jan) |
| Filing 41 NOTICE OF AMENDED APPEAL as to #30 Order and #40 Order in re #34 Notice of Appeal (Attorney) by Plaintiff Green Room LLC. (Domonkos, Donna) Modified text on 8/16/2024 (Court Staff, stbd). |
Filing 40
ORDER by the District Judge Kelly H Rankin granting #31 Motion to Dismiss. It is ordered Defendants State of Wyoming and Mark Gordon are entitled to Eleventh Amendment Immunity. It is further ordered Plaintiffs fail to state a claim for relief and their Complaint is DISMISSED WITH PREJUDICE. (Court Staff, sjlg)
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| Filing 39 Appeal Number 24-8053 received from USCA for #34 Notice of Appeal (Attorney) filed by Green Room LLC. Docketing statement and transcript order formdue 08/28/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. Transcript order form due 08/28/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. Notice of appearance due on 08/28/2024 for Albany County District Attorney, Big Horn County District Attorney, Campbell County District Attorney, Capitol Enterprises LLC, Carbon County District Attorney, Cind's CBD and Vape LLC, Converse County District Attorney, Crook County District Attorney, Dr Chronics Concentrates LLC, Mindy Flint, Flower Castle Elevated Wellness LLC, Fremont County District Attorney, Goshen County District Attorney, Green Room LLC, Greybull River Farms LLC, Hot Springs County District Attorney, JB Development Inc., Johnson County District Attorney, Laramie County District Attorney, Lincoln County District Attorney, Mountain High Wellness LLC, Natrona County District Attorney, Niobrara County District Attorney, Park County District Attorney, Platte County District Attorney, Platte Enterprises LLC, Sheridan County District Attorney, State of Wyoming, Sublette County District Attorney, Sweetwater County District Attorney, Teton County District Attorney, Uinta County District Attorney, Up N Smoke II LLC, Washakie County District Attorney, Weston County District Attorney, Wyoming Attorney General, Wyoming Department of Agriculture Director and Wyoming Governor. Disclosure statement due on 08/28/2024 for Capitol Enterprises LLC, Cind's CBD and Vape LLC, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc., Mountain High Wellness LLC, Platte Enterprises LLC and Up N Smoke II LLC. (Court Staff, stbd) |
| Filing 38 TRANSCRIPT REQUEST (Transcripts Needed) by Plaintiff Green Room LLC for proceedings held on July 12, 2024 before Judge Rankin, re #34 Notice of Appeal (Attorney). (Domonkos, Donna) |
| Filing 37 Preliminary Record of appeal sent to USCA and counsel re #34 Notice of Appeal (Attorney) The procedures and appeals forms may be obtained from the U.S. Court of Appeals website: www.ca10.uscourts.gov. (Attachments: #1 Preliminary Record on Appeal Including Notice of Appeal) (Court Staff, stbd) |
| Filing 36 USCA Appeal Fees received $605 receipt number 2-3467 re #34 Notice of Appeal, filed by Green Room LLC (Court Staff, stmo) |
| Filing 35 FILED USING INCORRECT FORM - Please see #38 TRANSCRIPT REQUEST (Transcripts Needed) by Plaintiff Green Room LLC for proceedings held on July 12, 2024 before Judge Rankin, re #34 Notice of Appeal (Attorney). (Domonkos, Donna) Modified on 8/14/2024 (Court Staff, stbd). |
| Filing 34 NOTICE OF APPEAL as to #30 Order on Motion for Preliminary Injunction and Order on Motion for Temporary Restraining Order, filed by Plaintiff Green Room LLC. (Domonkos, Donna) Modified text on 8/14/2024 (Court Staff, stmo). |
| Filing 33 RESPONSE in Opposition re #31 MOTION to Dismiss filed by Plaintiff Green Room LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Domonkos, Donna) |
| Filing 32 MEMORANDUM in Support of #31 Motion to Dismiss filed by Defendants State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor. (Craig, Jenny) |
| Filing 31 MOTION to Dismiss filed by Defendants State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor. (Craig, Jenny) |
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Filing 30
ORDER by the District Judge Kelly H Rankin denying #2 Motion for Preliminary Injunction; denying #2 Motion for Temporary Restraining Order. Plaintiffs allegations do not reach the standard a preliminary injunction requires. The 2018 Farm Bill does not provide them a substantive right to make a preemption claim, and even if it did, it permits States to impose more stringent restrictions. Their dormant Commerce Clause claim fails because SEA 24 places an insignificant burden on interstate commerce. SEA 24 also does not constitute a taking because it does not attempt to regulate property, but instead is a prohibition on substances the government passed by valid legislation. Its terms, while not perfect, also do not amount to unconstitutional vagueness and give sufficient notice of the prohibited conduct. While the newly prohibited conduct does place a burden on Plaintiffs, it is not irreparable by a full adjudication on the merits, nor does it outweigh Wyoming's interest in enforcing its laws. Public interest is best served by denying Plaintiffs' Motion for Preliminary Injunction. (Court Staff, sjdl)
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Filing 29
ORDER by the District Judge Kelly H Rankin granting #27 Motion to Dismiss Parties without prejudice. (Court Staff, sjdl)
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| Filing 28 MINUTES for proceedings held before District Judge Kelly H Rankin: In Court Motion Hearing re: #2 MOTION for Temporary Restraining Order and #2 MOTION for Preliminary Injunction, #27 MOTION to Dismiss Party Prosecuting attorneys held on 7/12/2024. (Court Reporter Jan Davis.) (Court Staff, smxb) (Main Document 28 replaced to add time on 7/12/2024) (Court Staff, smxb). |
| Filing 27 MOTION to Dismiss Party Prosecuting attorneys filed by Plaintiff Green Room LLC. (Attachments: #1 Proposed Order)(Domonkos, Donna) |
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Filing 26
ORDER by the District Judge Kelly H Rankin granting #25 Motion for Joinder. See Order for further instructions for logistics of the July 12, 2024, hearing and issues to be addressed at that time. (Court Staff, sjdl)
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| Filing 25 MOTION for Joinder - Non-DispositiveState Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order or Alternative Motion for Preliminary Injunction filed by Defendants Albany County District Attorney, Big Horn County District Attorney, Carbon County District Attorney, Converse County District Attorney, Crook County District Attorney, Fremont County District Attorney, Goshen County District Attorney, Hot Springs County District Attorney, Lincoln County District Attorney, Niobrara County District Attorney, Park County District Attorney, Platte County District Attorney, Sheridan County District Attorney, Sweetwater County District Attorney, Teton County District Attorney, Uinta County District Attorney, Washakie County District Attorney, Weston County District Attorney. (Thompson, Thomas) |
| Filing 24 BRIEF re #23 Response filed by Defendant Campbell County District Attorney. (Horning, John) |
| Filing 23 RESPONSE to #2 Motion for Temporary Restraining Order,,, Motion for Preliminary Injunction,, filed by Defendant Campbell County District Attorney. (Horning, John) |
| Filing 22 NOTICE of Attorney Appearance by Thomas A. Thompson on behalf of Albany County District Attorney, Big Horn County District Attorney, Carbon County District Attorney, Converse County District Attorney, Crook County District Attorney, Fremont County District Attorney, Goshen County District Attorney, Hot Springs County District Attorney, Lincoln County District Attorney, Niobrara County District Attorney, Park County District Attorney, Platte County District Attorney, Sheridan County District Attorney, Sweetwater County District Attorney, Teton County District Attorney, Uinta County District Attorney, Washakie County District Attorney, Weston County District Attorney (Thompson, Thomas) |
| Filing 21 NOTICE of Attorney Appearance by John David Horning on behalf of Campbell County District Attorney (Horning, John) (Main Document 21 replaced with flattened pdf on 7/10/2024) (Court Staff, smxb). |
| Filing 20 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Defendant Sublette County District Attorney. (Melinkovich, Clayton) |
| Filing 19 RESPONSE to #2 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Defendants Laramie County District Attorney, Natrona County District Attorney, State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor. (Singleton, Kellsie) |
| Filing 18 NOTICE of Attorney Appearance by Clayton Miles Melinkovich on behalf of Sublette County District Attorney (Melinkovich, Clayton) |
| Filing 17 NOTICE of Attorney Appearance by Jonathan D. Sater on behalf of Laramie County District Attorney, Natrona County District Attorney, State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor (Sater, Jonathan) (Main Document 17 replaced with flattened pdf on 7/10/2024) (Court Staff, smxb). |
| Filing 16 NOTICE of Attorney Appearance by Kellsie Singleton on behalf of Laramie County District Attorney, Natrona County District Attorney, State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor (Singleton, Kellsie) (Main Document 16 replaced with flattened pdf on 7/10/2024) (Court Staff, smxb). |
| Filing 15 NOTICE of Attorney Appearance by Jenny Lynn Craig on behalf of Laramie County District Attorney, Natrona County District Attorney, State of Wyoming, Wyoming Attorney General, Wyoming Department of Agriculture Director, Wyoming Governor (Craig, Jenny) (Main Document 15 replaced with flattened pdf on 7/10/2024) (Court Staff, smxb). |
| Filing 14 ACCEPTANCE OF SERVICE State of Wyoming filed by Green Room LLC. State of Wyoming served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
| Filing 13 ACCEPTANCE OF SERVICE Governor Gordon filed by Green Room LLC. Wyoming Governor served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
| Filing 12 ACCEPTANCE OF SERVICE Laramie County District Attorney filed by Green Room LLC. Laramie County District Attorney served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
| Filing 11 ACCEPTANCE OF SERVICE Natrona County District Attorney filed by Green Room LLC. Natrona County District Attorney served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
| Filing 10 ACCEPTANCE OF SERVICE Wyoming Department of Agriculture filed by Green Room LLC. Wyoming Department of Agriculture Director served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
| Filing 9 ACCEPTANCE OF SERVICE Attorney General Hill filed by Green Room LLC. Wyoming Attorney General served on 7/2/2024, answer due 7/23/2024. (Domonkos, Donna) |
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Filing 8
ORDER Setting Hearing and Briefing Schedule by the District Judge Kelly H Rankin. Response Brief due by 7/9/2024 at 5:00 p.m. In Court Hearing set for 7/12/2024 09:00 AM in Cheyenne Courtroom No. 1 (Room No. 2132) before District Judge Kelly H Rankin. Counsel shall appear in person.(Court Staff, sjdl) Modified text on 7/2/2024 (Court Staff, sjlg).
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| Filing 7 MEMORANDUM in Support of #2 Motion for Temporary Restraining Order or Motion for Preliminary Injunction filed by Plaintiffs Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mandy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc, Mountain High Wellness LLC, Platte Enterprises LLC, Up N Smoke II LLC. (Attachments: #1 Exhibits) (Court Staff, stmo) Modified on 7/5/2024 (Court Staff, sjlg). |
| Filing 6 Summonses Issued (Court Staff, stmo) |
| Filing 5 Praecipe for Summons filed by Plaintiffs Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mandy Flint, Flower Castle Elevated Wellness LLC, Green Room LLC, Greybull River Farms LLC, JB Development Inc, Mountain High Wellness LLC, Platte Enterprises LLC, Up N Smoke II LLC, 26 issued. (Attachments: #1 Summonses) (Court Staff, stmo) Modified filer and text on 7/1/2024 (Court Staff, stmo). |
| Filing 4 Notice of Judge Assignment. The case has been assigned to the Honorable Kelly H. Rankin. (Court Staff, sjlg) |
| Filing 3 DISREGARD. Filing error - counsel to refile. Praecipe for na filed by Plaintiff Green Room, LLC (Attachments: #1 Civil Cover Sheet) (Domonkos, Donna) Modified text on 7/1/2024 (Court Staff, stmo). |
| Filing 2 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction filed by Plaintiff Green Room, LLC, Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mandy Flint, Flower Castle Elevated Wellness LLC, Greybull River Farms LLC, JB Development Inc, Mountain High Wellness LLC, Platte Enterprises LLC, Up N Smoke II LLC (Attachments: #1 Appendix, #2 Exhibit) (Domonkos, Donna) Modified filers and text on 7/1/2024 (Court Staff, stmo). Modified to docket memorandum and exhibits separately on 7/1/2024 (Court Staff, stmo). Added motion relief an modified text on 7/5/2024 (Court Staff, sjlg). |
| Filing 1 COMPLAINT against Green Room, LLC, Capitol Enterprises LLC, Cind's CBD and Vape LLC, Dr Chronics Concentrates LLC, Mandy Flint, Flower Castle Elevated Wellness LLC, Greybull River Farms LLC, JB Development Inc, Mountain High Wellness LLC, Platte Enterprises LLC, Up N Smoke II LLC (Filing fee $ 405, Receipt Number AWYDC-2454094) Attorney Donna D Domonkos added to party Green Room, LLC(pty:pla), filed by Green Room, LLC. (Attachments: #1 Exhibit) (Domonkos, Donna) (Additional attachment(s) added on 7/1/2024: #2 Civil Cover Sheet) (Court Staff, stmo). Modified filers and text on 7/1/2024 (Court Staff, stmo). |
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