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Attorney General Withdraws Motion for Preliminary Injunction Against Rutland Gym Ahead of Governor’s Executive Order Addendum

May 28, 2020

Contact: Charity R. Clark, Chief of Staff, 802-828-3171

The Attorney General’s Office (AGO) today notified the Rutland Superior Court that it is withdrawing its motion for preliminary injunction, filed on May 15, 2020, against Rutland gym Club Fitness of Vermont and its owner, Sean Manovill. In addition, the AGO and Defendants, Club Fitness of Vermont and Mr. Manovill, jointly requested that the Court convert the hearing on the motion scheduled for May 29, 2020, into a status conference. Today’s announcement is the latest action in the State’s civil lawsuit filed earlier this month to stop Club Fitness of Vermont and Mr. Manovill from operating in violation of Governor Scott’s Executive Order and Addendums.

The reason for the withdrawal is explained in today’s notice: “The Governor is expected to authorize additional re-openings on May 29, which will likely result in new guidelines for re-opening gyms and fitness centers. In the interests of conserving Court and party resources, the State is withdrawing its motion for preliminary injunction to avoid litigating legal issues that are likely to be mooted that same day.”

The State’s underlying Complaint remains.

Yesterday, Club Fitness of Vermont and Mr. Manovill filed a Counterclaim against Governor Scott and Attorney General Donovan. The State will vigorously defend the Counterclaim.

A complete copy of today’s notice and joint motion is available here.