United States of America v. McAdam et al

Filing 49

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS of Magistrate Ostby in full: granting 45 Plaintiff's Motion for Attorney Fees; denying 46 Defendant's Motion to Vacate Fines; adopting Findings and Recommendations re 47 ; granting 18 Plaint iff's Motion for Judgment, and granting 19 Plaintiff's Motion for Liquidated Damages in the amount of $80,000.00. Signed by Judge Sam E Haddon on 12/4/2013. (See Order for all specifics; Judgment to follow). Hard copy mailed to McAdam. (CAA, )

FILED
DEC 042013
Cieri<, u.s. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

UNITED STATES OF AMERlCA,
PlaintitT,

CV lO-128-BLG-SEH

vs.

ORDER
TOBY CARL MCADAM and GRETA
S. ARMSTRONG, Individuals, d/b/a
RISING SUN HEALTH,
Defendants.

United States Magistrate Judge Carolyn S. Ostby entered Findings and
Recommendations in this matter on November 12,2013. 1 Plaintiff filed
objections on December 2,2013. 2 The Court reviews de novo findings and
recommendations to which objections are made. 28 U.S.C. § 636(b)(I).
Upon de novo review of the record, I find no error in Judge Ostby's
Findings and Recommendations and adopt them in full.

1

Doc. 47.

2

Doc. 48.

ORDERED:
1.

Plaintiff's Petition for judgment of a civil contempt against Defendant

McAdam for violations of the Consent Decree3 is GRANTED. Defendant
McAdam is required to immediately cease all manufacturing, processing,
packaging, labeling, holding, selling, and/or distributing all products intended to
be ingested by, or applied topically to, humans or animals, including, without
limitation, any drugs and/or dietary supplements. McAdam is required to
immediately shut down his website and the Risingsun Herbal Health Facebook
page, remove all products from Amazon.com, and remove any related telephone
listings from phone books. This should be done unless and until the FDA in
writing certifies compliance and permits the resumption of operations.
2.

Plaintiffs Motion for Liquidated Damages 4 is GRANTED. McAdam

is directed to pay the United States liquidated damages in the amount of eighty
thousand dollars ($80,000.00), as required under Paragraph 17 ofthe Consent
Decree of Permanent Injunction. See Doc. 5.
3.

Plaintiffs motion for Attorney Fees and Costs 5 is GRANTED. The

3

Doc. 18 at 4.

4

Doc. 19.

5

Doc. 45.

2

United States is awarded the total sum of$4,936.48.

4.

Defendant McAdam's Motion to Vacate Fines6 is DENIED.

5.

The Cie<1'/t0Urt i, di<ected to ente< judgment ",o,dingiy.

DATED this

day of December, 2013.

United States District Judge

6

Doc. 46.
3