United States of America v. Organic Pastures Dairy Company LLC et al

Filing 67

STIPULATION and ORDER to Enter Consent Decree and Vacate Hearing signed by District Judge Jennifer L. Thurston on 07/26/2023.(Flores, E)

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BRIAN B. BOYNTON
Principal Deputy Assistant Attorney General
ARUN G. RAO
Deputy Assistant Attorney General
AMANDA N. LISKAMM
Director
ROGER J. GURAL
Senior Trial Attorney
U.S. Department of Justice
Consumer Protection Branch
450 Fifth Street, N.W., Suite 6400S
Washington, D.C. 20001
Tel: [phone]
Email: [e-mail]
PHILLIP A. TALBERT
United States Attorney
EMILIA P. E. MORRIS
Assistant United States Attorney
Robert E. Coyle United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Tel: [phone]
Email: [e-mail]
Attorneys for Plaintiff
United States of America

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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CASE NO. 1:08-CV-01786-JLT-SAB

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO ENTER CONSENT
DECREE AND VACATE HEARING;
EXHIBIT A

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v.
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ORGANIC PASTURES DAIRY COMPANY,
LLC, a corporation, and MARK McAFEE, an
individual,
Defendants.
STIPULATION

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Pursuant to Local Rule 143(a)(1), it is hereby stipulated by and between Plaintiff United

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States of America (“Plaintiff”) and Defendants RAW FARM, LLC f/k/a Organic Pastures Dairy

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-1STIPULATION AND [PROPOSED] ORDER TO ENTER CONSENT DECREE AND VACATE HEARING

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Company, LLC and Mark McAfee, and Non-Party Aaron McAfee (collectively, “Respondents”) as

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follows:

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1.

On March 27, 2023, Plaintiff filed its Motion To Reopen Case (the “Motion”) And

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Petition For An Order To Show Cause Why RAW FARM, LLC f/k/a Organic Pastures Dairy

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Company, LLC; Mark McAfee; And Aaron McAfee Should Not Be Held In Civil Contempt (the

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“Petition”).

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2.

On May 19, 2023, the Court granted Plaintiff’s Petition, and set an evidentiary

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hearing regarding whether Respondents should be held in civil contempt for July 5, 2023, which

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was later continued to August 9, 2023, at the Parties’ request.

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3.

In advance of the above-referenced hearing, counsel for Plaintiff and Respondents

pursued negotiations to resolve this matter.
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Plaintiff and Respondents now jointly agree and hereby stipulate to entry of the

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Consent Decree, attached as Exhibit A, as a final settlement of the dispute raised in the Petition,

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pursuant to Court approval.

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5.

In light of the settlement, Plaintiff and Respondents respectfully request that the

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Court sign and enter the attached Consent Decree and vacate the August 9, 2023, hearing date and

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any associated deadlines.

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Date: July 26, 2023

U.S. DEPARTMENT OF JUSTICE

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By:

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/s/Roger J. Gural
Roger J. Gural, Esq.
Attorney for Plaintiff
United States of America

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Date: July 26, 2023

STRUCTURE LAW GROUP, LLP
By: /s/ Mark Figueiredo
Attorneys for Defendants Raw Farm, LLC fka
Organic Pastures Dairy Company, LLC; Mark
McAfee; and Non-Party Aaron McAfee

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-2STIPULATION AND [PROPOSED] ORDER TO ENTER CONSENT DECREE AND VACATE HEARING

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[PROPOSED] ORDER

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The Stipulation (Doc. 66) is approved.

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The Consent Decree (attached hereto as Exhibit A) is entered as a final resolution of the

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dispute raised in Plaintiff’s Petition For An Order To Show Cause Why RAW FARM, LLC f/k/

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a Organic Pastures Dairy Company, LLC; Mark McAfee; And Aaron McAfee, Dkt. No. 50-1.

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The hearing set for August 9, 2023, and any related deadlines, are hereby VACATED.

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IT IS SO ORDERED.

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Dated: July 26, 2023

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-3STIPULATION AND [PROPOSED] ORDER TO ENTER CONSENT DECREE AND VACATE HEARING

Exhibit A

26th

July

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