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Marshals ordered to use ‘reasonable force’ to gain access for court expert

by agrifood
March 22, 2022
in Food Safety
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Federal Judge Edward G, Smith of the Eastern District of Pennslyvania had reason to hope that Amos Miller would give George Lapsley, the court’s appointed expert “unimpeded access” to Miller’s Organic Farm’s facilities, meat and poultry inventory, records, employees, and other staff so that Mr. Lapsley could perform his court-directed scope of work.

Miller promised he’d comply with the court’s order during the March 9 telephone conference on his case.

But in a March 11 email to the court, Lapsley:

(1) states that Mr. Miller did not fully cooperate with his visit to the farm on that date; and

(2) therefore requests that the U.S. Marshals Service assist him both in accessing the farm (including its meat-and-poultry-related facilities, records, inventory, employees, and other staff) and in conducting his scope of work on the Miller premises.

The primary business locations for Miller and his Miller’s Organic Farm are adjacent to each other at 648 Mill Creek School Road, Bird-in-Hand, Pennsylvania 17505; and 672 Mill Creek School Road, Bird-in-Hand, Pennsylvania 17505. Miller’s meat and poultry related operations at those locations, including Miller’s facilities, records, inventory, employees, and other staff, are referred to in court documents as “the Premises.”

USDA contends that meat and poultry animals are slaughtered at these locations without federal inspection and distributed to other states.

In a new order, Judge Smith replaced hope with force, authorizing the U.S. Marshals Service (USMS) to accompany Lapsley: (a) on his visit to the Premises on March 17, 2022; and (b) on his other visits to the Premises as the court’s expert when (i) Mr. Lapsley requests such assistance and (ii) USMS has sufficient, available staff to accompany him.”



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