6:20-cv-00423-JFH Document 93 Filed in ED/OK on 05/11/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF
`OKLAHOMA
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`Case No. 6:20-cv-00423-JFH
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`v.
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`JEFFREY LOWE,
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`LAUREN LOWE,
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`GREATER WYNNEWOOD EXOTIC ANIMAL
`PARK, LLC, and
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`TIGER KING, LLC,
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`Defendants.
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`UNITED STATES’ NOTICE OF DEFENDANTS’ CONTINUED NONCOMPLIANCE
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`In advance of the May 12, 2021 Show Cause Hearing, the United States hereby notifies
`the Court that Defendants continue to ignore, defy, and violate the Court’s Orders. Dkt. Nos. 65
`(January 15, 2021 Order granting the United States’ motions for temporary restraining order and
`preliminary injunction), 78 (March 22, 2021 Order granting the United States’ motion to
`enforce), 80 (March 26, 2021 Order giving Defendants until April 2, 2021 to comply). Not only
`have Defendants failed to come into compliance with the Court’s January 15, 2021, March 22,
`2021, and March 26, 2021 Orders, but they continue to knowingly and willfully violate those
`orders, even with a looming Show Cause Hearing.
`I.
`Procedural Background
`Defendants’ repeated failure to comply with court-ordered deadlines and injunctive relief
`in this case has been well-documented in the United States’ Motion to Enforce the Court’s
`January 15, 2021 Order & the Parties Stipulation, Dkt. No. 72, the United States’ Notice of
`Defendants’ Noncompliance, Dkt. No. 83, and other filings and orders, Dkt. Nos. 76, 78, 80, and
`is incorporated here by reference.
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`6:20-cv-00423-JFH Document 93 Filed in ED/OK on 05/11/21 Page 2 of 5
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`The Court has scheduled a Show Cause Hearing on May 12, 2021, during which
`Defendants will be required to show cause why civil contempt sanctions should not be entered
`against them. Dkt. No. 78 at 11.
`II.
`Defendants Continue to Ignore, Defy, and Violate the Court’s Orders.
`A. Defendants Continue to Unlawfully Exhibit Their Animals to the Public.
`On January 15, 2021, this Court ordered “Defendants, including anyone acting directly or
`indirectly, through them or on their behalf, . . . [to] immediately cease exhibiting animals
`protected by the [Endangered Species Act] and the [Animal Welfare Act (AWA)] without a valid
`[United States Department of Agriculture (USDA)] exhibitor’s license.” Dkt. No. 65 at 33.
`“Allow[ing] other members of the public onto the Thackerville Location for the purpose of
`viewing and filming the animals” constitutes exhibiting. Id. at 24-25. However, on or about
`May 6, 2021, less than one week before the Court’s Show Cause Hearing, Defendants again
`allowed members of the press onto the Tiger King Park property in Thackerville to film their
`animals. See Mike Rogers, Feds seize big cats from Tiger King Park in Thackerville, KXII,
`https://www.kxii.com/2021/05/06/feds-seize-big-cats-from-jeff-lowes-property-in-thackerville/
`(last visited May 11, 2021); see also In re: Martine Colette, An Individual; Wildlife Waystation,
`A Cal. Corp., AWA Docket No. 03-0034, 2009 WL 2710082, *11 (U.S.D.A. 2009) (“Members
`of the press are generally considered ‘the public’ for Animal Welfare Act purposes.”).
`Defendants still do not possess a valid USDA exhibitor’s license. See Dkt. No. 65 at 26 (“As
`exhibitors, subject to the provisions of the AWA, Defendants are prohibited from exhibiting their
`animals without a valid exhibitor’s license.”) (citations omitted). Thus, Defendants are
`continuing to exhibit their animals without a license in violation of the Court’s Orders. Id. at 33;
`see also Dkt. No. 80 at 2 (requiring Defendants to “fully comply with the Court’s January 15,
`2021 Order”).
`B. Defendants Failed to Provide a Disposition Record for an Additional Dead
`Animal.
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`On January 15, 2021, the Court also ordered Defendants to “submit acquisition and
`disposition records to counsel for the United States within 7 days of any change to the December
`16, 2020 animal inventory, including the birth or death of any animal.” Dkt. No. 65 at 34
`(emphasis added); see also Dkt. Nos. 78, 80. On May 1, 2021, Dr. Fryer informed the USDA
`that Georgie, one of Defendants’ two red foxes, “was found dead unexpectedly.” See Exhibit 1
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`6:20-cv-00423-JFH Document 93 Filed in ED/OK on 05/11/21 Page 3 of 5
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`(Dr. Fryer’s May 1, 2021 email to USDA). Apparently, Defendants did not even contact their
`own veterinarian regarding the condition of this animal. According to Dr. Fryer, she was not
`made aware of the animal’s death until she visited the Thackerville facility on April 30, 2021,
`otherwise she “would have alerted [USDA] sooner.” Id. To date, Defendants have not provided
`the United States with a disposition record for this animal. Without such record, the United
`States does not know the date or circumstances surrounding this animal’s death. Such
`information is particularly important in cases like this one where Georgie was not examined at
`the veterinary clinic and there were “[n]o medical concerns [] noted about Georgie by staff
`previous to finding the animal deceased.” See Exhibit 2 (Dr. Fryer’s May 5, 2021 email to
`USDA). The United States requires this information to accurately track Defendants’ animals and
`to ensure that they are receiving adequate care.
`After Dr. Fryer alerted the USDA that Georgie died, the United States reminded
`Defendants’ counsel about Defendants’ obligation to produce said disposition record, but, to
`date, the United States has neither received a disposition record nor a response. See Exhibit 3
`(Attorney Strippoli’s May 4, 2021 email to Attorney Card). Despite court orders requiring that
`they produce the disposition record within 7 days of an animal’s death, a reminder and request to
`produce the disposition record, and a looming Show Cause Hearing, Defendants still have not
`submitted Georgie’s disposition record.
`C. Defendants Are Continuing to Breed Animals and Have Failed to Provide
`Acquisition Records.
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`The Court’s January 15, 2021 Order required Defendants to “submit acquisition . . .
`records to counsel for the United States within 7 days of any change to the December 16, 2020
`animal inventory, including the birth . . . of any animal.” Dkt. No. 65 at 34 (emphasis added);
`see Dkt. Nos. 78, 80; see also 9 C.F.R. § 2.75(b). The United States has learned that the
`Thackerville facility currently contains three new lemur pups born to three different mothers.
`Exhibit 1, Attach. Client Communication. Defendants have submitted no acquisition records for
`any animals born at the Thackerville facility since the January 15, 2021 Order, including these
`three new lemur pups. Further, there is no evidence or representation that Defendants have
`separated the intact male and female lemurs or that Defendants have taken their veterinarian’s
`advice to neuter the male lemurs. Id.; see Dkt. No. 65 at 34 (the Court’s January 15, 2021 Order
`prohibited Defendants from acquiring any ESA or AWA protected animals, which includes the
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`6:20-cv-00423-JFH Document 93 Filed in ED/OK on 05/11/21 Page 4 of 5
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`birth of new animals, without first conferring with the United States and obtaining leave of
`Court). The United States reminded Defendants’ counsel about Defendants’ obligation to
`produce acquisition records for the three new lemur pups, but, to date, has neither received the
`acquisition records nor a response. See Exhibit 3. Thus, Defendants are continuing to violate the
`Court’s Orders by not producing the requisite acquisition records.
`D. Defendants Refusal to Comply with the Court Ordered Procedure for
`Euthanizing Animals Has Caused a Red Fox Unnecessary Suffering.
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`The Court’s January 15, 2021 Order also prohibited Defendants from disposing of,
`including euthanizing, any animal covered by the ESA or the AWA without first conferring with
`the United States and obtaining leave of court. Dkt. No. 65 at 34. On May 1, 2021, Dr. Fryer
`notified the USDA that the other red fox, which had been diagnosed with prostatic cancer, was
`losing significant weight, straining to defecate, and was “not doing well” and “need[ed] to be
`euthanized.” Exhibit 1. Defendants never contacted the United States about euthanizing this red
`fox. Instead, after learning about the red fox’s condition, the United States proactively reached
`out to Defendants’ counsel to convey that, based on Dr. Fryer’s veterinary assessment and
`recommendation, the United States did not oppose humane euthanasia. Exhibit 3. The United
`States reminded Defendants’ counsel that, pursuant to the Court’s orders, Defendants would need
`to file a motion to seek leave of Court. Exhibit 3. The United States never received a response
`from Defendants. And, as this Court is aware, Defendants never filed a motion with the Court.
`To the best of the United States’ knowledge, the red fox has not been euthanized; instead, it has
`been suffering unnecessarily since Dr. Fryer’s April 30, 2021 recommendation. Exhibits 1 & 3.
`III. Conclusion
`The Court has clear and convincing evidence that valid court orders have been issued on
`January 15, 2021, March 22, 2021, and March 26, 2021, that Defendants knew of those orders,
`and that Defendants have continued to violate those orders. This continued recalcitrance further
`supports civil contempt sanctions. See Dkt. No. 78 at 10-11 (This Court stating that it has
`inherent authority to impose contempt sanction “to discourage misconduct and protect the
`integrity of judicial proceedings.”) (citing Chambers v. NASCO, Inc., 501 U.S. 32, 50-51 (1991);
`Farmer v. Banco Popular of N. Am., 791 F.3d 1246, 1255-57 (10th Cir. 2015)).
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`6:20-cv-00423-JFH Document 93 Filed in ED/OK on 05/11/21 Page 5 of 5
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`DATED: May 11, 2021
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`Respectfully Submitted,
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`JEAN E. WILLIAMS
`Acting Assistant Attorney General
`Environment and Natural Resources Division
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` /s/ Briena Strippoli
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`BRIENA STRIPPOLI
`Trial Attorney
`MARY HOLLINGSWORTH
`Senior Trial Attorney
`DEVON LEA FLANAGAN
`Trial Attorney
`United States Department of Justice
`Environment & Natural Resources Division
`Wildlife & Marine Resources Section
`P.O. Box 7611, Ben Franklin Station
`Washington, D.C. 20044-7611
` Briena.Strippoli@usdoj.gov | 202-598-0412
` Mary.Hollingsworth@usdoj.gov | 202-598-1043
` Devon.Flanagan@usdoj.gov | 202-305-0201
`Fax: 202-305-0275
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`CHRISTOPHER J. WILSON
`Acting United States Attorney
`SUSAN BRANDON, Civil Chief
`United States Attorney’s Office
`Eastern District of Oklahoma
`520 Denison Avenue
`Muskogee, OK 74401
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`Attorneys for the United States of America
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