South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
State Board of Veterinary Medical Examiners of South Carolina vs. John Graves

AGENCY:
State Board of Veterinary Medical Examiners of South Carolina

PARTIES:
Plaintiff:
State Board of Veterinary Medical Examiners of South Carolina

Defendants:
John Graves, individually and d/b/a Eastern State Serum Inc.
 
DOCKET NUMBER:
96-ALJ-11-0141-IJ

APPEARANCES:
n/a
 

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


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