Animal Legal Def. Fund v. Lucas
| Decision Date | 31 March 2022 |
| Docket Number | Civ. A. 2:19-40 |
| Parties | ANIMAL LEGAL DEFENSE FUND, Plaintiff, v. KIMBERLY ANN LUCAS d/b/a FARMERS' INN, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
This action stems from claims by Plaintiff Animal Legal Defense Fund (“ALDF”) that Defendant Kimberly Ann Lucas d/b/a Farmers' Inn (“Farmers' Inn”) fails to provide adequate husbandry and veterinary care to animals in Farmers' Inn's custody. (ECF No. 155.) Specifically, ALDF alleges Farmers' Inn is a public nuisance under Pennsylvania law and that it has violated the Endangered Species Act (“ESA”), 16 U.S.C §1531 et seq., by unlawfully taking endangered species; unlawfully possessing protected species; and unlawfully transporting protected species in interstate commerce. Among other claims for relief, ALDF seeks a permanent injunction “that terminates all [of] Farmers['] Inn['s] ownership and possessory rights in its animals, ” prohibits “Farmers['] Inn from obtaining other wild animals, ” “[a]ppoint[s] a special master or guardian ad litem to identify reputable wildlife sanctuaries and to determine the most appropriate placement for the forfeited animals, consistent with the animals' best interests, ” and “[c]harge[s] the cost of transferring and rehoming the forfeited animals to Farmers['] Inn.” (Id.)
Presently before the Court are the parties' partial cross-motions for summary judgment.
ALDF commenced this action in January 2019 in which it asserted claims of public nuisance and violations of the ESA. (ECF No. 1.) In December 2020, ALDF sought leave to file a supplemental complaint to include additional allegations under the ESA related to a scarlet macaw acquired by Farmers' Inn after the lawsuit began. (ECF No. 142.) In granting leave to amend, this Court wrote:
Scarlet macaws and their subspecies crosses are listed as either “endangered” or “threatened” under the ESA. 50 C.F.R. § 17.11(h). While it is true that the final agency rule on which Farmers' Inn premises its futility argument allows for the “transport . . . [of certain listed scarlet macaw subspecies] and subspecies crosses . . . in interstate commerce in the course of a commercial activity . . . without a permit, ” 84 Fed.Reg. 6278; 6310 (Feb. 29, 2019), that rule applies only to those subspecies and subspecies crosses that are listed as “threatened” under the ESA. Here, the Supplemental Complaint alleges that the scarlet macaw at issue is listed under the ESA and may be an “endangered” subspecies. (ECF No. 142-6 ¶¶ 56, 118.) Because the scarlet macaw housed at Farmers' Inn could be a member of the “endangered” subspecies, the aforementioned rule would not be applicable to its interstate transport.
(ECF No. 153.) ALDF thereafter filed its Supplemental Complaint, which is the operative document. (ECF No. 155.)
This matter proceeded through both fact and expert discovery and a deadline was established for dispositive motions. Farmers' Inn moved for partial summary judgment and submitted a supporting brief and a concise statement of material facts with supporting exhibits. (ECF Nos. 178-80.) ALDF also filed a motion for partial summary judgment, submitting a brief in support, a concise statement of material facts with a supporting appendix, and two declarations. (ECF Nos. 181-86.) ALDF also moved to exclude the expert testimony of Dr. Michael Briggs, Farmers' Inn's expert witness. (ECF No. 175.)
Subsequently, ALDF filed a brief in opposition to Farmers' Inn's partial motion for summary judgment, responsive concise statement of material facts, appendix, and a declaration.
(ECF Nos. 207-10.) Thereafter, Farmers' Inn filed a reply, a supplemental appendix, as well as objections[2] and a reply to ALDF's additional material facts. (ECF Nos. 216-18.)
This Court granted ALDF's Daubert motion to the extent that Dr. Briggs attempted to offer opinions and testimony regarding the role of Farmers' Inn in the community as summarized on page six of his March 15, 2021 Report. (ECF No. 219.) ALDF's motion was otherwise denied. (Id.) The Court also granted ALDF's motion for sanctions and concluded that at trial, an adverse inference would be imposed that relates to Russell, a black leopard. (ECF Nos. 220; 225.)
Having ruled on the motion for sanctions and the Daubert motion, this Court issued a new response briefing order relating to ALDF's partial motion for summary judgment. (ECF No. 221.) Farmers' Inn filed a brief in opposition and submitted along with it a responsive concise statement of material facts, two declarations, and a supporting appendix. (ECF Nos. 227-31.) ALDF filed a reply, a supplemental concise statement of material facts, supporting appendix, and a declaration. (ECF Nos. 234-37.) Farmers' Inn then filed objections and a response to ALDF's supplemental concise statement of material facts. (ECF No. 238.) ALDF later filed a notice of supplemental authority. (ECF No. 239.)
Farmers' Inn is owned and operated by Kimberly Ann Lucas. (ECF No. 180 ¶ 1.) Farmers' Inn houses and exhibits over 100 animals, some of which are endangered species. (Id. ¶ 5.) Currently, it possesses a ring-tailed lemur and a scarlet macaw, both of which are listed as endangered by the United States Fish and Wildlife Service (“USFWS”). (Id. ¶ 6.) It also houses two gray wolves, a species that was delisted as an endangered species by the Trump Administration. (Id. ¶ 7.) Farmers' Inn previously possessed two other ring-tailed lemurs, King Julian and Mr. Lemur, and a black leopard, all of which died while in Farmers' Inn's custody. (ECF No. 185 ¶¶ 6-7.)
The remaining animals at Famers' Inn are not endangered. (ECF No. 180 ¶ 8.) They include: three muntjac deer, a coyote, two red foxes, two black bears, nine whitetail deer, three fallow deer, two grey foxes, three Patagonian cavies, two coatimundis, three two-toed sloths, two fennec foxes, one dromedary camel, two lesser anteaters, two vervet monkeys, one African crested porcupine, three cougars, two bobcats, one black-backed jackal, one zebra, three kangaroos, one binturong, three Amazon parrots, one gold and blue macaw, two umbrella cockatoos, one Goffin's cockatoo, four sulcata tortoises, one leopard tortoise, six red-eared sliders, one chameleon, two river cooter turtles, one green iguana, one bearded dragon lizard, two guinea pigs, one lop-eared rabbit, five miniature donkeys, one Brahman bull calf, three alpacas, two silkie chickens, two geese, twenty-one goats, eleven lambs, one pheasant, five peacocks, and one Watusi cow. (Id.) In the past two years, twenty-four animals have died while in the custody of Farmers' Inn. (ECF No. 185 ¶ 14.)
Farmers' Inn is licensed under the Animal Welfare Act (“AWA”) as a “Class C Exhibitor” of animals. (ECF No. 185 ¶ 3.) It possesses a license from the United States Department of Agriculture (“USDA”) to exhibit animals as well as a permit to do so from the Pennsylvania Game Commission (“PGC”). (ECF No. 180 ¶¶ 1-3.)
The USDA performs annual inspections of Farmers' Inn. A July 2016 USDA Inspection Report found “no non-compliant items identified during this inspection.” (ECF No. ¶ 14.) In November 2016, the USDA performed a “focused inspection on the black bears only, ” and according to the inspection report, “no non-compliant items [were] identified during this inspection.” (Id. ¶ 13.) Likewise, in 2018 and 2019, no non-compliant items were identified. (Id. ¶ 12; ECF No. 180-9.)
Similarly, the PGC performs annual inspections of Farmers' Inn. In 2015, Farmers' Inn received eighteen pass marks and two “needs improvements.” (ECF No. 180 ¶ 22.) The next year, Farmers' Inn received nineteen pass marks and one “needs improvement.” (Id. ¶ 21.) Some animal's births, deaths, and acquisitions were not properly reported within ten days and a cockatoo was reportedly pulling its feathers. (ECF No. 180-16.) Farmers' Inn received fourteen “pass” marks, one “needs improvement, ” and two “fails” in 2017. (ECF No. 180 ¶ 20.) The two failed categories were related to signage and the cages not being appropriately locked. (ECF No. 180-15.) In 2018, Farmers' Inn received passing marks in all categories. (ECF No. 180-14.) PGC's inspection report in 2019 reflected nineteen “pass” marks and one “needs improvement.” (ECF No. 180 ¶ 18.)
Farmers' Inn's deer population is periodically inspected for Chronic Wasting Disease (“CWD”) by the Department of Agriculture's Bureau of Animal Health and Diagnostic Services. (Id. ¶ 28.) The inspection reports reflect that Farmers' Inn's cervid herd is compliant and free from CWD. (Id.)
The Wise Clinic is the attending veterinary clinic for the vast majority of the exhibited animals at Farmers' Inn. (ECF No. 185 ¶ 30.) Another veterinary clinic, the Veterinary Centers for America (“VCA”), treats its birds when asked to do so. (See Id. ¶ 32.) Dr. Benjamin Wise of the Wise Clinic annually visits Farmers' Inn to perform “visual inspection[s]” and fecal exams. (Id. ¶¶ 38, 40; ECF No. 230-8 at 17.) He personally handles the animals when he vaccinates them.
(ECF No. 230-8 at 12-13.) He performs immobilization exams of all animals except for the bears, mountain lion, and black leopard. (ECF No. 230-8 at 12-15.) He does not generally use “anesthesia or tranquilization to obtain diagnostic samples” as part of his practice. (ECF No. 185 ¶ 46.)
ALDF has submitted the testimony of Kelley Bennett (“Bennett”).[3] Mrs. Bennett is a resident of Lancaster, Pennsylvania and a member of ALDF. (ECF No. 187-59 ¶¶ 1-2.) She is a certified veterinary technician and an animal lover. (Id. ¶ 3.) Mrs. Bennett visited Farmers' Inn in October 2018. (Id. ¶ 4.) She was unable to enjoy her...
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