UNITED STATED DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

BERRY & SONS RABABEH ISLAMIC 

SLAUGHTERHOUSE, INC.

Defendant. 

Civil Action No. 14-13961 

CONSENT DECREE

This Consent Decree is entered into between the United States of America, on 

behalf of the Secretary of Agriculture and the Grain Inspection, Packers, and 

Stockyard Administration (“Plaintiff”), through its authorized representative, and 

Defendant Berry & Sons Rababeh Islamic Slaughterhouse, Inc. (“Defendant”), 

through its counsel, for the purpose of fully resolving all claims raised in the 

Complaint filed against Defendant in the above-captioned action. Plaintiff and 

Defendant are collectively referred to as “the Parties.” 

The Parties hereby stipulate and state as follows: 

1. This Court has jurisdiction over this action pursuant to 28 U.S.C. 

§ 1331, because this action arises under the laws of the United States, and pursuant 

to 28 U.S.C. § 1345, because this action has been commenced by the United States. 

In addition, Section 404 of the Packers and Stockyards Act of 1921, as amended, 7 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 1 of 11 Pg ID 107
2 

U.S.C. §§ 181 et seq. (hereinafter the “Act” or the “P&SA”) empowers the Attorney 

General of the United States to initiate appropriate proceedings under the Act to be 

commenced and prosecuted in the proper courts of the United States. See 7 U.S.C. 

§ 224. 

2. The United States of America brought this civil action on behalf of the 

Secretary of Agriculture in his official capacity under P&SA to recover civil 

penalties against Defendant for allegedly violating reporting requirements pursuant 

to P&SA. 

3. The Secretary has responsibility for the administration and 

enforcement P&SA. See 7 U.S.C. §§ 181 et seq. The P&SA regulates the conduct 

of packers, swine dealers, live poultry dealers, stockyards owners, market agencies, 

and dealers, imposing certain affirmative requirements on these entities and 

proscribing certain conduct by them. 

4. Defendant is organized and operates under the laws of Michigan. It is 

engaged in the business of a packer, purchasing livestock in commerce for the 

purpose of slaughter, manufacturing, or preparing meats or meat food products for 

sale or shipment. 

5. P&SA and related regulations required Defendant to file annual reports 

on prescribed forms “not later than April 15 following the calendar year end or, if the 

records are kept on a fiscal year basis, not later than 90 days after the close of his 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 2 of 11 Pg ID 108
3 

fiscal year.” 9 C.F.R. § 201.97. 

6. The Act and implementing regulations impose civil penalties for failure 

to file such reports after thirty days of notice of default. 15 U.S.C. § 50. 

7. Plaintiff maintains that the civil penalty for failure to file such annual 

reports is $110 for each day and every day of the continuance of such 

failure. 7 U.S.C. § 222; 7 C.F.R. § 3.91(b)(6)(vi). 

8. Plaintiff alleges that for calendar years 2009, 2010, 2011, and 2013, 

Defendant failed to properly file its Annual Reports of Packer in violation of 9 

C.F.R. § 201.97 and is therefore subject to fines of $110 per day for each violation 

for the duration of the violation beginning on the thirtieth day after notice of the 

violation, in the total amount of $415,580.00. This conduct shall be referred to 

as “the Covered Conduct.” 

9. It is the mutual desire of the Plaintiff and Defendant to resolve all 

matters between them related to, or in any way arising out of, the facts alleged in the 

Complaint, without the need for further litigation. 

10. Accordingly, Defendant and Plaintiff entered into a settlement 

agreement with the effective date of May 13, 2015 (“Agreement”), whereby 

Defendant agreed to pay Plaintiff a sum pursuant to certain terms in consideration 

for settling the above-captioned matter. 

11. It is the Parties’ intent that this Consent Decree incorporates and fully 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 3 of 11 Pg ID 109
4 

reflects the terms of the Agreement rather than creates separate obligations. 

12. The Parties respectfully request this Court to enter the following Order 

and Judgment: 

NOW THEREFORE, based on the Agreement of the Parties, by their 

respective undersigned representatives, it is ORDERED, ADJUDGED, AND 

DECREED as follows: 

13. Defendant, in consideration of Plaintiff’s promises and obligations, 

shall pay the Grain Inspection, Packers, and Stockyard Administration (“GIPSA”) 

the sum of $75,000.00 (Seventy-Five Thousand and 0/100 U.S. Dollars), according 

to the following payment schedule: 

a. $40,000.00 payable within three (3) business days of Parties’ 

executing the Agreement. 

b. $5,000.00 payable on or before June 1, 2015. 

c. $5,000.00 payable on or before July 1, 2015. 

d. $5,000.00 payable on or before August 1, 2015. 

e. $5,000.00 payable on or before September 1, 2015. 

f. $5,000.00 payable on or before October 1, 2015. 

g. $5,000.00 payable on or before November 1, 2015. 

h. $5,000.00 payable on or before December 1, 2015. 

14. As a condition of the Agreement, and in connection with a separate 

settlement agreement, Defendant shall also pay GIPSA the sum of $11,550.05, 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 4 of 11 Pg ID 110
5 

according to the following payment schedule: 

a. $5,775.00 payable within three (3) business days of the Agreement 

being fully executed. 

b. $825.00 payable on or before June 1, 2015. 

c. $825.00 payable on or before July 1, 2015. 

d. $825.00 payable on or before August 1, 2015. 

e. $825.00 payable on or before September 1, 2015. 

f. $825.00 payable on or before October 1, 2015. 

g. $825.00 payable on or before November 1, 2015. 

h. $825.05 payable on or before December 1, 2015. 

i. Defendant shall make the payments in this Paragraph in lieu of, and 

not in addition to, the $11,550.05 that remains owing pursuant to a 

separate settlement agreement executed in March 2013 (“March 

2013 Agreement”). 

15. Subject to the exceptions in Paragraph 17 below, Plaintiff, its 

departments, including USDA, its agencies, including GIPSA, employees, servants, 

and agents are precluded from bringing any and all claims for relief (including 

attorney’s fees, costs, and expense of every kind and however denominated) it has 

asserted, could have asserted, or may assert in the future against Defendant and its 

owners, agents, representatives, successors and assigns, for violations of P&SA and 

the regulations promulgated thereunder, based on the Covered Conduct and the 

March 2013 Agreement. 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 5 of 11 Pg ID 111
6 

16. Defendant and its owners, agents, representatives, successors and 

assigns are precluded from bringing any and all claims for relief (including 

attorney’s fees, costs, and expense of every kind and however, denominated) it has 

asserted, could have asserted, or may assert in the future against Plaintiff, its 

agencies, employees, servants, and agents, based on the Covered Conduct and the 

March 2013 Agreement. 

17. Plaintiff specifically reserves and excludes from the scope and terms of 

the Agreement as follows: 

a. Any criminal liability; 

b. Any criminal, civil, or administrative claim arising under Title 

26 of the United States Code (Internal Revenue Code); 

c. Any liability to the United States (or its agencies) for any 

conduct other than the Covered Conduct or the March 2013 

Agreement Conduct; and 

d. Any claims based upon the obligations created by the 

Agreement. 

18. Defendant shall maintain a bond after entry of this Consent Decree in 

compliance with 9 C.F.R. §§ 201.27 through 201.32. Defendant’s failure to 

maintain a bond after entry of this Consent Decree will constitute a breach of the 

Consent Decree only if such failure occurs before the satisfaction of this Consent 

Decree’s payment terms, meaning Defendant’s full and timely payment of all sums 

due pursuant to Paragraph 13 and Paragraph 14 of this Consent Decree. 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 6 of 11 Pg ID 112
7 

Defendant’s failure to maintain a bond after satisfaction of the payment terms shall 

not constitute a breach of this Consent Decree, but this Consent Decree shall in no 

way limit the rights of the United States Department of Agriculture (“USDA”) or 

GIPSA to pursue any remedy available to it under any applicable law or regulation 

covering said failure occurring after entry of this Consent Decree. 

19. Defendant shall file with GIPSA any annual report required, pursuant 

to 7 U.S.C. § 222 and 9 C.F.R. § 201.97, after entry of this Consent Decree. 

Defendant’s failure to timely file an annual report required after entry of this 

Consent Decree will constitute a breach of this Consent Decree only if such failure 

occurs before the satisfaction of this Consent Decree’s payment terms, meaning 

Defendant’s full and timely payment of all sums due pursuant to Paragraph 13 and 

Paragraph 14 of this Consent Decree. Defendant’s failure to timely file a required 

annual report after satisfaction of the payment terms shall not constitute a breach of 

this Consent Decree, but this Consent Decree shall in no way limit the rights of the 

USDA or GIPSA to pursue any remedy available to it under any applicable law or 

regulation covering said failure occurring after entry of this Consent Decree. 

20. GIPSA and USDA represent and warrant that, as of the date of entry of 

this Consent Decree, neither GIPSA nor USDA, including their respective agents, 

knows of any claims or investigations of any kind against Defendant. 

21. Nothing in this Consent Decree shall be construed as an admission of 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 7 of 11 Pg ID 113
8 

wrongdoing or liability by Defendant, and Defendant expressly denies all 

wrongdoing and liability alleged by Plaintiff. 

22. If Defendant breaches this Consent Decree’s terms any time before 

satisfying this Consent Decree’s payment terms, meaning Defendant’s full and 

timely payment of all sums due pursuant to Paragraph 13 and Paragraph 14 of this 

Consent Decree, the United States of America, on behalf of GIPSA and USDA, may 

file or cause to be entered a judgment (“Judgment”) exclusively in the form 

prescribed by the Agreement in the United States District Court for the Eastern 

District of Michigan, provided that the United States, contemporaneously with the 

Judgment, files a sworn and signed affidavit specifying all provisions of this 

Consent Decree that Defendant is violating and in what manner, and promptly 

delivers the Judgment and affidavit to Defendant via registered mail, return receipt 

request. Upon filing or entry of the Judgment and submission of the affidavit, the 

United States of America may collect on the Judgment, without further notice, 

subject to this Consent Decree’s and the Agreement’s limitations and conditions, 

and in accordance with applicable law. If Defendant satisfies this Consent 

Decree’s payment terms, meaning Defendant’s full and timely payment of all sums 

due pursuant to Paragraph 13 and Paragraph 14 of this Consent Decree, the 

Judgment shall be null and void and shall not be filed or given any effect 

whatsoever.. Accordingly, neither GIPSA nor USDA, nor their agents, including 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 8 of 11 Pg ID 114
9 

the U.S. Attorney’s Office, shall file the Judgment after Defendant satisfies this 

Consent Decree’s payment terms, meaning Defendant’s full and timely payment of 

all sums due pursuant to Paragraph 13 and Paragraph 14 of this Consent Decree. 

No later than thirty (30) days after Defendant satisfies all payment obligations 

pursuant to Paragraph 13 and Paragraph 14 of this Consent Decree, GIPSA shall 

provide Defendant written acknowledgment that Defendant has satisfied all 

payment obligations of this Consent Decree and shall, upon Defendant’s request, file 

a “Satisfaction of Consent Decree” on the basis that this Consent Decree has been 

satisfied in full, meaning Defendant’s full and timely payment of all sums due 

pursuant to Paragraph 13 and Paragraph 14 of this Consent Decree. 

23. Defendant’s 2014 Annual Packer Report (“2014 Report”) is compliant 

with all applicable rules, regulations, and laws. Neither GIPSA nor its agent may 

seek to enforce this Consent Decree, or file the Judgment, based on any alleged 

violation concerning the 2014 Report. Nothing in this Consent Decree, however, 

constitutes any finding by the United States of America or its agencies that the 

contents of the 2014 Report are accurate, true, or correct. Moreover, the United 

States of America and its agencies do not waive any right to pursue any remedy, 

under P&SA, its regulations, or any other relevant law or regulations with respect to 

the 2014 Report in the event that its contents are discovered to be untrue, inaccurate, 

or incorrect. 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 9 of 11 Pg ID 115
10 

24. This Consent Decree shall not be construed to limit the civil penalties 

for any violations of the Act that occur after the entry of this Consent Decree, subject 

to this Consent Decree’s and the Agreement’s terms. 

25. The Court shall retain jurisdiction for the purpose of enforcing the 

Agreement’s and this Consent Decree’s terms in addition to the entry and 

enforcement of the Judgment, if necessary. The Court’s jurisdiction shall 

automatically terminate after Defendant has satisfied this Consent Decree’s payment 

terms, meaning Defendant’s full and timely payment of all sums due pursuant to 

Paragraph 13 and Paragraph 14 of this Consent Decree, provided that the Court shall 

retain jurisdiction exclusively to rule on any motion brought by Defendant for relief 

from judgment after satisfaction of this Consent Decree’s payment terms. 

 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 10 of 11 Pg ID 116
11 

26. Each of the Parties to this Consent Decree shall bear its own fees and 

costs, including the preparation and performance of this Consent Decree. 

Respectfully submitted, 

/s/ Kevin R. Erskine (w/ consent) 

KEVIN R. ERSKINE (P69120) 

UNITED STATES ATTORNEY’S OFFICE

Assistant U.S. Attorney 

211 W. Fort Street, Ste. 2001 

Detroit, MI 48226 

(313) 226-9610 

kevin.erskine@usdoj.gov 

May 22, 2015

/s/ R.J. Cronkhite 

R.J. CRONKHITE (P78374) 

THE MIKE COX LAW FIRM, PLLC 

Attorneys for Defendant 

17430 Laurel Park Drive N., Ste. 120E 

Livonia, Michigan 48152 

(734) 591-4002 

rj@mikecoxlaw.com 

May 22, 2015

 

IT IS SO ORDERED, this 22nd day of May, 2015 

 _s/Robert H. Cleland 

 The Hon. Robert H. Cleland 

 United States District Judge 

2:14-cv-13961-RHC-MJH Doc # 19 Filed 05/22/15 Pg 11 of 11 Pg ID 117