United States Of America v. Envigo RMS, LLC
Case Summary
On May 19, 2022, the United States of America (“Plaintiff”), represented by Anthony P. Giorno of U.S. Attorney’s Office, Mary Hollingsworth and Shampa Panda of DOJ-Enrd, filed a civil action against Envigo RMS, LLC (“Envigo” or “Defendant”), represented by Benjamin J. Razi of Covington & Burling LLP, Brandon M. Santos and John D. Adams of McGuireWoods LLP, seeking declaratory and injunctive relief for alleged violation of Animal Welfare Act and its implementing regulations and standards by the defendant. This case was filed in the U.S. District Court for the Western District of Virginia, with Judge Norman K. Moon presiding.
In the complaint, Plaintiff stated, “Congress enacted the AWA for a number of purposes, including to ensure that animals intended for use in research facilities are provided humane care and treatment. 7 U.S.C. § 2131(1). The AWA imposes ‘minimum requirements’ for handling, housing, feeding, watering, sanitation, and adequate veterinary care, among other requirements.”
The plaintiff further stated, “Envigo operates a facility in Cumberland, Virginia (‘Cumberland Facility’), where it deals in beagles intended for use at research facilities. Since July 2021, the facility has housed up to 5,000 beagles. Envigo holds an AWA license to breed and sell dogs that was issued by the U.S. Department of Agriculture (‘USDA’).”
Plaintiff alleged, “In less than a year, the company has amassed over 60 citations for non-compliance with the AWA, which have affected thousands of beagles. More than half of those citations were deemed ‘critical’ or ‘direct,’ the most serious types of AWA citation. As relevant here, a ‘critical’ noncompliance is one that has a ‘serious or severe adverse effect on the health and well-being of the animal[s]’.”
The plaintiff further alleged, “Despite being on notice since July 2021 that the conditions at its Cumberland facility fall far below the AWA’s minimum standards, Envigo has failed to take the necessary steps to ensure that all of the beagles at its facility are provided humane care and treatment and that the Cumberland facility is operating in compliance with the AWA.”
The plaintiff then alleged, “Rather than spend the money to meet the minimum standards set by the AWA and provide each beagle with the care that Envigo is legally obligated to provide, upon information and belief, Envigo has employed a paltry number of employees and elected to euthanize beagles or allowed beagles to die from malnutrition, treatable and preventable conditions, and injuries resulting from beagles being housed in overcrowded and unsanitary enclosures or enclosures that contain incompatible animals.”
The plaintiff also alleged, “When 300 beagle puppies died in 7 months due to ‘unknown causes,’ Envigo failed to investigate and accurately diagnose the cause of death to spare other beagle puppies from similar deaths. Envigo’s disregard for the law and the welfare of the beagles in its care has resulted in the animals’ needless suffering and, in some cases, death.”
Plaintiff stated six claims for relief, including claims for the alleged failure to provide each dog with uncontaminated, wholesome, palatable food of sufficient quantity, failure to provide adequate veterinary care, failure to meet minimum standards for handling and housing, and failure to maintain safe and sanitary conditions. Plaintiff’s claims also include Defendant’s alleged failure to meet the minimum standards for handling, feeding, sanitation, and adequate veterinary care by employing an insufficient number of qualified employees to care for the thousands of beagles at the Cumberland Facility and failure to create and maintain complete and accurate records.
In its prayer for relief, the plaintiff requested a judgment for declaratory and injunctive relief along with an award of costs of this litigation.
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Case Details
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Case Number:
6:22-CV-00028
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Filing Date:
05/19/2022
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Case Status:
Disposed - Other Disposed
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Case Type:
Other - Agriculture Subsidy
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Court:
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Courthouse:
Judge Details
Presiding Judge
Norman K. Moon
Party Details
Plaintiff
United States Of America
Defendant
Envigo RMS, LLC
Attorney/Law Firm Details
Plaintiff Attorneys
Anthony Paul Giorno
Attorney at United States Attorneys Office
310 First Street, S.W. Room 906
Roanoke, VA 24008
Mary Hollingsworth
Attorney at DOJ-Enrd
999 18Th Street, Ste 370, South Terrace
Denver, CO 80202
Shampa Panda
Attorney at DOJ-Enrd
Po Box 7611
Washington, DC 20002
Defendant Attorneys
Benjamin J Razi
Attorney at Covington & Burling LLP
850 Tenth Street, Nw
Washington, DC 20004-2401
Brandon Michael Santos
Attorney at McGuireWoods LLP
800 East Canal Street
Richmond, VA 23219
John Donley Adams
Attorney at McGuireWoods LLP
800 East Canal Street
Richmond, VA 23219
Court Documents
(#38) CONSENT DECREE. Signed by Senior Judge Norman K. Moon on 7/15/2022. (al)
Exhibit Joint Transfer Plan
Main Document
Exhibit Joint Transfer Plan
Main Document
(#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)
(#33) Joint MOTION for Extension of Time to File Joint Transfer Plan by Envigo RMS, LLC. (Santos, Brandon)
(#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)
(#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)
(#4) MOTION for Clarification re #3 TEMPORARY RESTRAINING ORDER, by United States Of America. (Hollingsworth, Mary) Modified docket text on 5/21/2022 (ca).
Civil Cover Sheet
Exhibit E - March 2022 Inspection Report
Exhibit D - November 2021 Inspection Report
Exhibit C - October 2021 Inspection Report
Exhibit B - July 2021 Inspection Report _ Part 2
Exhibit A - July 2021 Inspection Report _ Part 1
Main Document
Docket Entries
- 07/15/2022
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Docket(#38) CONSENT DECREE. Signed by Senior Judge Norman K. Moon on 7/15/2022. (al)
- 07/14/2022
- View Court Documents
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Docket(#37) SETTLEMENT AGREEMENT by United States Of America (Attachments: #1 Exhibit Joint Transfer Plan)(Hollingsworth, Mary)
- 07/05/2022
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Docket(#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)
- 07/01/2022
- View Court Documents
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Docket(#35) NOTICE by United States Of America of Joint Transfer Plan (Attachments: #1 Exhibit Joint Transfer Plan)(Hollingsworth, Mary)
- 06/30/2022
- View Court Documents
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Docket(#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)
- 06/29/2022
- View Court Documents
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Docket(#33) Joint MOTION for Extension of Time to File Joint Transfer Plan by Envigo RMS, LLC. (Santos, Brandon)
- 06/29/2022
- View Court Documents
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Docket(#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)
- 06/28/2022
- View Court Documents
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Docket(#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)
- 06/27/2022
- View Court Documents
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Docket(#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)
- 06/26/2022
- View Court Documents
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Docket(#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)
- 05/31/2022
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DocketJohn 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)
- 05/31/2022
- View Court Documents
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Docket(#9) NOTICE of Appearance by Brandon Michael Santos on behalf of Envigo RMS, LLC (Santos, Brandon)
- 05/31/2022
- View Court Documents
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Docket(#8) NOTICE of Appearance by John Donley Adams on behalf of Envigo RMS, LLC (Adams, John)
- 05/27/2022
- View Court Documents
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Docket(#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)
- 05/21/2022
- View Court Documents
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Docket(#6) AMENDED TEMPORARY RESTRAINING ORDER. Signed by Senior Judge Norman K. Moon on May 21, 2022. (ca)
- 05/21/2022
- View Court Documents
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Docket(#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)
- 05/21/2022
- View Court Documents
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Docket(#4) MOTION for Clarification re #3 TEMPORARY RESTRAINING ORDER, by United States Of America. (Hollingsworth, Mary) Modified docket text on 5/21/2022 (ca).
- 05/21/2022
- View Court Documents
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Docket(#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) .
- 05/19/2022
- View Court Documents
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Docket(#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)
- 05/19/2022
- View Court Documents
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Docket(#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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