O CENTRO ESPIRITA BENEFICIENTE UNIAO DO VEGETAL v. ASHCROFT

No. CIV.00-1647 JP/RLP.

282 F.Supp.2d 1236 (2002)

O CENTRO ESPIRITA BENEFICIENTE UNIAO DO VEGETAL (a.k.a. Uniao do Vegetal) (USA) ("UDV-USA"), a New Mexico Corporation on its own behalf and on behalf of all its members in the United States, Jeffrey Bronfman, individually and as President of UDV-USA, Christina Barreto, individually and as Secretary of UDV-USA, Fernando Barreto, individually and as Treasurer of UDV-USA, Christine Berman, Mitchel Berman, Jussara de Almeida Dias, Patricia Domingo, David Lenderts, David Martin, Maria Eugenia Pelaez, Bryan Rea, Don St. John, Carmen Tucker, and Solar Law, individually and as members of UDV-USA, Plaintiffs, v. John ASHCROFT, Attorney General of the United States, Donnie R. Marshall, Administrator of the United States Drug Enforcement Administration, Paul H. O'Neill, Secretary of the Department of Treasury of the United States, David Iglesias, United States Attorney for the District of New Mexico, and John O'Toole, Resident Special Agent in Charge of the United States Customs Service Office of Criminal Investigation in Albuquerque, New Mexico, all in their official capacities, Defendants.

United States District Court, D. New Mexico.

August 12, 2002.


Attorney(s) appearing for the Case

John W. Boyd, Esq., Nancy Hollander, Esq., Freedman Boyd Daniels Hollander, Goldberg & Cline, PA, Albuquerque, for O Centro Espirita Beneficiente Uniao Do Vegetal, a New Mexico Corporation on its own behalf and on behalf of all its members in the United States aka Uniao do Vegetal (USA) Inc, Jeffrey Bronfman, individually and as President of UDV-USA, Daniel Tucker, individually and as Vice-President of UDV-USA, Christina Barreto, individually and as Secretary of UDV-USA, Fernando Barreto, individually and as Treasurer of UDV-USA, Christine Berman, Mitchel Berman, Jussara de Almeida Dias aka Jussara Almeida Dias, Patricia Domingo, David Lenderts, David Martin, Maria Eugenia Pelaez, Bryan Rea, Don St John, Carmen Tucker, Solar Law, individually and as members of UDV-USA, plaintiffs.

Raymond Hamilton, Esq., Norman C Bay, Esq, U.S. Attorney's Office, District of New Mexico, Albuquerque, Vincent M Garvey, U.S. Department of Justice, Federal Programs — Civil Division, Elizabeth Goitein, Esq, U.S. Department of Justice, Civil Division, Washington, DC, for Janet Reno, Attorney General of the United States, Donnie R Marshall, Administrator of the United States Drug Enforcement Administration, Lawrence H Summers, Secretary of the Department of Treasury of the United States, Norman Bay, United States Attorney for the District of New Mexico, John O'Toole, Resident Special Agent in Charge of the United States Customs Service Office of Criminal Investigation in Albuquerque, New Mexico; all in their official capacities defendants.


MEMORANDUM OPINION AND ORDER

PARKER, Chief Judge.

The Plaintiffs' Motion for Preliminary Injunction (Doc. No. 10), filed December 22, 2000, raised the following issues:1

1. Whether the federal government infringed Plaintiffs' rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, made applicable to federal statutes by the...

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