ORDERS:
CONSENT ORDER
IT APPEARS unto this Court that the parties have advised they have reached an agreed
settlement which they desire to be made the Order of this Court. I find and conclude that Richard
W. Simmons, II, Esquire of the South Carolina Department of Labor, Licensing and Regulation
represents the Plaintiff, The State Board of Veterinary Medical Examiners of South Carolina, in
regard to the claims brought by the Plaintiff in this action and in defense of the Counterclaims
interposed by the Defendants. Further, I find and conclude that Joe E. Berry, Jr., Esquire and
Andrew A. Aun, Esquire, of Berry, Adams, Quackenbush & Dunbar, P.A., represent the
Defendants in regard to this action.
IT FURTHER APPEARS that this Court has subject matter jurisdiction and personal
jurisdiction over all Parties and that the Parties, by and through their Attorneys, as is evidenced by
the signatures hereon below, have reached an agreed settlement which they desire to be made an
Order of this Court providing for the placement of a permanent injunction upon the Defendants,
enjoining them from further violation of S.C. Code Ann. Regulation 120-5.1 (Supp. 1995).
Specifically, the agreed upon injunction shall permanently enjoin Defendants from the sale of
rabies vaccine without a prescription from a veterinarian licensed by the Plaintiff pursuant to S.C.
Code Ann. §40-69-10, et seq. (Supp. 1995).
IT FURTHER APPEARS that the Plaintiff has acknowledged some question as to whether or
not the State Board of Veterinary Medical Examiners of South Carolina has jurisdiction over the
regulation and enforcement of transactions relating to heartworm preventative. For this reason,
Plaintiff desires the dismissal, with prejudice, of all claims it has made against Defendants relating
to the sale or possession of heartworm preventative. Further, Defendants have advised this Court
that they desire the dismissal of their Counterclaims with prejudice.
NOW, THEREFORE, BY AND WITH THE CONSENT OF THE PARTIES, IT IS
HEREBY ORDERED that the Defendants, effective immediately, be permanently enjoined from
violation of S.C. Code Ann. Regulation 120-5.1 (Supp 1995), specifically, the sale of rabies
vaccine without the prescription of a veterinarian licensed by the Plaintiff.
IT IS FURTHER ORDERED that Plaintiff's claims relating to Defendants' sale of heartworm
preventative be, and they hereby are, dismissed with prejudice.
IT IS FURTHER ORDERED that the Counterclaims interposed by the Defendants in this action
be, and they hereby are, dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff's Complaint relating to the sale of rabies vaccine is
dismissed without prejudice, subject to the Defendants' adherence to the terms of the injunctive
relief outlined above.
AND IT IS SO ORDERED.
_____________________________
JOHN D. GEATHERS
Administrative Law Judge
Columbia, South Carolina
June 25, 1996
WE SO MOVE AND CONSENT:
SOUTH CAROLINA DEPARTMENT OF
LABOR, LICENSING, AND REGULATION
____________________________________
RICHARD W. SIMMONS, II
ATTORNEY FOR PLAINTIFF
WE SO MOVE AND CONSENT:
BERRY ADAMS, QUACKENBUSH & DUNBAR, P.A.
ATTORNEY FOR DEFENDANTS
__________________________________
JOE E. BERRY, JR.
ATTORNEY FOR THE DEFENDANTS |