DS Services of America, Inc. v. United States et al
Plaintiff: DS Services of America, Inc. doing business as Primo Water North America, Inc.
Defendant: United States, United States Trade Representative, U.S. Trade Rep. Katherine C. Tai, United States Customs and Border Protection, CBP Commissioner Christopher Magnus and Office of the United States Trade Representative
Case Number: 1:2022cv00157
Filed: May 25, 2022
Court: U.S. Court of International Trade
Presiding Judge: Mark A Barnett
Nature of Suit: Other
Docket Report

This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2023 Filing 34 Public Administrative record for Office of the United States Trade Representative filed . Comments in Opposition to the Remand Results due by 2/13/2023. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants. (Attachments: #1 Declaration Certification of Record, #2 Public Record Tabs 1-25)(Speck, Elizabeth) Modified on 1/12/2023 (Goell, Geoffrey).
January 12, 2023 Filing 33 Confidential Administrative record for Office of the United States Trade Representative filed . Comments in Opposition to the Remand Results due by 2/13/2023. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants. (Attachments: #1 Declaration Administrative Record Certification, #2 BPI Record Tabs 1-16)(Speck, Elizabeth) Modified on 1/12/2023 (Goell, Geoffrey).
January 3, 2023 Opinion or Order Filing 32 Order entered on 1/3/2023; Scheduling Order: Administrative Record due by 1/13/2023. Comments in Opposition to the Remand Results due by 2/13/2023 (10,000 words). Comments in Support of the Remand Results due by 4/14/2023 (10,000 words). Joint Appendix due by 5/16/2023.
December 28, 2022 Filing 31 Joint status report and proposed briefing schedule. Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc.. (Attachments: #1 Proposed Order)(Bond, David)
December 14, 2022 Filing 30 Public Remand results filed by Office of the United States Trade Representative . Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants. (Speck, Elizabeth)
December 14, 2022 Filing 29 Confidential Remand results filed by Office of the United States Trade Representative . Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants. (Speck, Elizabeth)
November 23, 2022 Opinion or Order Filing 28 Order entered on 11/23/2022 granting Consent Motion for extension of time to file remand results. ORDERED that the Court's scheduling order dated September 1, 2022, ECF No. 24, is amended as follows: (1) USTR's deadline for filing its remand results is hereby extended from November 30, 2022, to and including until December 14, 2022; and (2) the parties' deadline for filing a joint status report stating how the parties believe this matter should proceed and, if necessary, a proposed scheduling order (including for filing the administrative record) is hereby extended from December 14, 2022, to and including until December 28, 2022. (Related Doc #27 ). (Goell, Geoffrey)
November 23, 2022 Filing 27 Consent Motion for extension of time until 12/14/2022 to file remand results. Responses due by 12/14/2022. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
October 7, 2022 Filing 26 Paperless Order entered on 10/7/2022; Motion to withdrawal Lauren E. Wyszomierski as attorney of record GRANTED. (Goell, Geoffrey)
October 6, 2022 Filing 25 Motion to withdrawal as attorney of record filed for Lauren E. Wyszomierski. Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc..(Bond, David) Modified on 10/7/2022 (Goell, Geoffrey).
September 1, 2022 Opinion or Order Filing 24 Order entered on 9/1/2022 granting Unopposed Motion to remand case. ORDERED that defendants' motion is granted, and that this matter is remanded to the Office of the United States Trade Representative (USTR) for reconsideration of the finaldecision not to reinstate the exclusion at issue in this case; and it is further ORDERED that the USTR shall have 90 days from the date of this order to file remand results with the Court; and it is further ORDERED the parties shall file a joint status report stating how the parties believe this matter should proceed,and, if necessary, a proposed scheduling order (including for filing theadministrative record), no later than 14 days after USTR files the remand results. Remand Results due by 11/30/2022 (Related Doc #23 ). (Goell, Geoffrey)
August 31, 2022 Filing 23 Unopposed Motion to remand case . Responses due by 9/21/2022. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
August 18, 2022 Opinion or Order Filing 22 Order entered on 8/18/2022 granting Motion for extension of time to file answer to complaint. ORDERED that the defendants' deadline for responding to the complaint is hereby extended from August 24, 2022, to, and including, August 31, 2022. (Related Doc #21 ). Answer due by 8/31/2022. (Goell, Geoffrey)
August 17, 2022 Filing 21 Consent Motion for extension of time until 8/31/2022 to respond complaint . Responses due by 9/7/2022. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
July 14, 2022 Opinion or Order Filing 20 Order entered on 7/14/2022 granting Consent Motion for extension of time to respond to complaint. ORDERED that the defendants' deadline for responding to the complaint ishereby extended from July 25, 2022, to, and including, August 24, 2022 (Related Doc #19 ). (Goell, Geoffrey)
July 13, 2022 Filing 19 Consent Motion for extension of time until 8/24/2022 to respond complaint . Responses due by 8/3/2022. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
June 24, 2022 Opinion or Order Filing 18 Order entered on 6/24/2022 granting Motion for preliminary injunction (Public Version). ORDERED that Plaintiff's motion for a preliminary injunction (ECF No. 5) is granted. See Order. (Goell, Geoffrey)
June 24, 2022 Filing 17 Confidential Order entered on 6/24/2022 granting Motion for preliminary injunction. ORDERED that Plaintiff's motion for a preliminary injunction (ECF No. 5) is granted. See Order (Related Doc #5 ). (Goell, Geoffrey)
June 21, 2022 Filing 16 Response to Court's Request/Order . Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants. (Attachments: #1 Exhibit Orders suspending liquidation based on consent of the parties in 1581(i) cases, #2 Exhibit SEIA v. United States - Government motion to suspend liquidation and order)(Speck, Elizabeth)
June 15, 2022 Filing 15 Videoconference via Microsoft Teams held on June 15, 2002 at 2:00 PM. . (Goell, Geoffrey)
June 14, 2022 Filing 14 Videoconference via Microsoft Teams Scheduled for Wednesday, June 15, 2022 at 2:00 PM (EST). (Goell, Geoffrey)
June 10, 2022 Filing 13 Public Response of Defendants to motion for preliminary injunction (related document(s) #5 ). Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
June 10, 2022 Filing 12 Confidential Response of Defendants to motion for preliminary injunction (related document(s) #5 ). Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
June 9, 2022 Opinion or Order Filing 11 Order entered on 6/9/2022 granting Motion for protective order. Joint Protective Order issued (Related Doc #10 ). (Goell, Geoffrey)
June 9, 2022 Filing 10 Joint Motion for protective order . Responses due by 6/30/2022. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
June 9, 2022 Filing 9 Form 11 Notice of Appearance of Elizabeth A. Speck. Filed by Elizabeth Anne Speck of U.S. Department of Justice on behalf of All Defendants.(Speck, Elizabeth)
June 2, 2022 Filing 8 Form 11 Notice of Appearance . Filed by Lauren E. Wyszomierski of White & Case, LLP on behalf of DS Services of America, Inc..(Wyszomierski, Lauren)
May 26, 2022 Opinion or Order Filing 7 Order entered on 5/26/2022 assigning action to Judge Mark A. Barnett. (Goell, Geoffrey)
May 25, 2022 Filing 6 Form 11 Notice of Appearance . Filed by Dean Arne Barclay of White & Case, LLP on behalf of DS Services of America, Inc..(Barclay, Dean)
May 25, 2022 Filing 5 Application/Motion for preliminary injunction . Responses due by 6/15/2022. Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc., d/b/a Primo Water North America, Inc.. (Attachments: #1 Proposed Order)(Bond, David)
May 25, 2022 Filing 4 Form 13 Corporate Disclosure Statement . Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc., d/b/a Primo Water North America, Inc.. (Bond, David)
May 25, 2022 Filing 3 Form 5 Information Statement . Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc., d/b/a Primo Water North America, Inc.. (Bond, David)
May 25, 2022 Filing 2 Complaint against All Defendants. Answer due by 7/25/2022. Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc., d/b/a Primo Water North America, Inc.. (Bond, David)
May 25, 2022 Filing 1 Summons . Filed by David Edward Bond of White & Case, LLP on behalf of DS Services of America, Inc., d/b/a Primo Water North America, Inc.. (Bond, David)

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Plaintiff: DS Services of America, Inc. doing business as Primo Water North America, Inc.
Represented By: David Edward Bond
Represented By: Dean Arne Barclay
Represented By: Lauren E. Wyszomierski
Represented By: TERMINATED:
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Defendant: United States
Represented By: Attorney-in-Charge
Represented By: Elizabeth Anne Speck
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Defendant: United States Trade Representative
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Defendant: U.S. Trade Rep. Katherine C. Tai
Represented By: Elizabeth Anne Speck
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Defendant: United States Customs and Border Protection
Represented By: Elizabeth Anne Speck
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Defendant: CBP Commissioner Christopher Magnus
Represented By: Elizabeth Anne Speck
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Defendant: Office of the United States Trade Representative
Represented By: Elizabeth Anne Speck
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