United States v. Chemicals for Research and Industry

ORDER GRANTING PLAINTIFF’S MOTION FOR SUPPLEMENTAL PRELIMINARY INJUNCTION

On February 25, 1998, the Court heard argument on plaintiffs motion for a supplemental preliminary judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS plaintiffs motion as follows:

BACKGROUND

Defendant Chemicals for Research and Industry (“CFRI”), a chemical and laboratory supply company located in Oakland, California, has had a long and antagonistic relationship with the United States Department of Justice (“DOJ”) and Drug Enforcement Administration (DEA) (collectively “the government”). In the early 1990’s, CFRI filed two actions based on .the government’s attempts to limit CFRI’s sales of chemicals to individuals using the chemicals to manufacture methamphetamine. First, in CFRI v. Thornburgh, 762 F.Supp. 1394 (N.D.Cal.1991), the district court issued a preliminary injunction against the government, enjoining the government from notifying chemical suppliers that they should refrain from selling certain chemicals to CFRI. The government’s agents had “suspectfed] that chemicals sold by plaintiff have been diverted to use at illegal methamphetamine…