United States v. Grab Bag Distributing

MEMORANDUM DECISION AND ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

The United States of America (“Plaintiff’ or the “Government”) sues defendants Grab Bag Distributing and Rodney G. Nickerson (“Defendants”) for penalties and injunctive relief under the Drug Abuse Prevention and Control Act, 21 U.S.C. §§ 801-971 (the “Controlled Substances Act” or the “Act”). See Doc.13, Memorandum in Support, filed September 28, 2001, at p.l. Plaintiff moves for summary judgment on the issue of Defendants’ liability. See Doc.12, Motion for Summary Judgment, filed Sept. 28, 2001. Defendants oppose the motion. See Doc.17, Memorandum in Opposition, filed Dec. 3, 2001. Oral argument was heard on January 7, 2002.

II. BACKGROUND

At times relevant to the complaint, Defendants Grab Bag Distributing and its owner Rodney Nickerson were engaged in a wholesale distribution business, and as part of that business they sold pseu-doephedrine. See Doc.8, Scheduling Order, filed Nov. 13, 2000. The Government alleges that between October 1997 and April 1998, Defendants sold extraordinary quantities of pseudoephedrine, a chemical used to manufacture methamphetamine. See Doc.13 at p.2.…