Pitts Enterprises, Inc. v. United States
| Pitts Enterprises, Inc. |
| United States |
| CIMC Intermodal Equipment, LLC |
| 1:2023cv00234 |
| November 6, 2023 |
| U.S. Court of International Trade |
| Stephen Alexander Vaden |
| Other |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 Confidential Administrative record for U.S. Customs and Border Protection filed . Filed by Tamari J. Lagvilava of U.S. Customs and Border Protection on behalf of United States. (Lagvilava, Tamari) |
Filing 25
Order entered on 12/20/2023: PROTECTIVE ORDER (SEE ORDER FOR FULL DETAILS). (related document(s) #19 ) (Chien, Jason)
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Filing 24
Order entered on 12/20/2023 granting Joint Motion for Protective Order and Consent Motion for Extension of Time. On consideration of the Joint Motion for Protective Order, ECF No. 19, filed by the United States; the Consent Motion for Extension of Time (Extension Motion), ECF No. 22, filed by the United States; and on consideration of all other papers and proceedings herein, it is hereby ORDERED that: 1) The Motion for Protective Order is GRANTED. 2) The Extension Motion is GRANTED. The United States is ordered to file the confidential administrative record by 2 p.m. Eastern Standard Time on December 21, 2023. The Court notes that the Government's delay in filing both Motions despite the language on the Court's website directing parties before Judge Vaden to file extension motions no later than two business days before a deadline was unwise and unnecessarily delayed Plaintiff's access to information to which it is entitled. The Government should have been aware of the need for a protective order in this case. In the future, the Government would be well advised to move for a protective order safely in advance of the deadline to the file the administrative record. 3) Notwithstanding footnote 1 of the Extension Motion, the parties are directed to abide by Judge Vaden's guidelines for preparation of the Joint Appendix found on the Court's website. These guidelines apply to all 1581(c) cases assigned to Judge Vaden, and the Court will not make an exception here. (Related Doc #19 , #22 ) (Chien, Jason)
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| Filing 23 Form 11 Notice of Appearance . Filed by Chelsea Athena Reyes of U.S. Customs and Border Protection on behalf of United States.(Reyes, Chelsea) |
| Filing 22 Consent Motion for extension of time until 12/20/2023 to file administrative record. Responses due by 1/8/2024. Filed by Ashley Akers of U.S. Department of Justice on behalf of United States.(Akers, Ashley) |
| Filing 21 Public Administrative record for U.S. filed . Filed by Tamari J. Lagvilava of U.S. Customs and Border Protection on behalf of United States. (Lagvilava, Tamari) |
| Filing 20 Form 11 Notice of Appearance . Filed by Tamari J. Lagvilava of U.S. Customs and Border Protection on behalf of United States.(Lagvilava, Tamari) |
| Filing 19 Corrected Joint Motion for Protective Order . Responses due by 1/8/2024. Filed by Ashley Akers of U.S. Department of Justice on behalf of United States. (Attachments: #1 Proposed Protective Order, #2 Proposed Order)(Akers, Ashley) Modified on 12/18/2023 (Chien, Jason). |
| Filing 18 [ENTERED IN ERROR. THIS DOCUMENT IS SUPERSEDED BY THE DOCUMENT AT ECF# 19] Joint Motion for protective order . Responses due by 1/8/2024. Filed by Ashley Akers of U.S. Department of Justice on behalf of United States. (Attachments: #1 Proposed Protective Order, #2 Proposed Order)(Akers, Ashley) Modified on 12/18/2023 (Chien, Jason). |
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Filing 17
Order entered on 12/7/2023 granting Consent Motion to Intervene (Related Doc #15 ). On consideration of the Consent Motion to Intervene filed by CIMC Intermodal Equipment, LLC (CIE), and on consideration of all other papers and proceedings herein, the Court GRANTS the Motion. CIE has no statutory right to intervene. Cf. 28 U.S.C. 2631(j)(1) (granting certain parties a right to intervene but not in Enforce and Protect Act cases). Instead, CIE relies on USCIT Rule 24(a)(2), which requires the Court to permit intervention by the interested party that filed the allegation in an Enforce and Protect Act case. The parties consent to CIEs intervention. No party argues CIE fails to satisfy the more general intervention standard or lacks standing. See USCIT Rule 24(a)(2) (allowing intervention by a party claim[ing] an interest relating to the property or transaction that is the subject of the action and is so situated that disposing of the action may as a practical matter impair or impede the movants ability to protect its interest, unless existing parties adequately represent that interest). It is therefore: ORDERED that the Consent Motion is GRANTED; ORDERED that CIMC Intermodal Equipment, LLC, is party to this action as Defendant-Intervenor; and ORDERED that, when the parties submit their proposed scheduling order, they should take steps to prevent the filing of duplicate arguments. Should the parties fail to take such steps, in the interest of the conservation of judicial resources, the Court reserves the right to unilaterally alter their proposed scheduling order to prevent the submission of largely duplicate briefing. (Swindell, Stephen) Modified on 12/11/2023 (Chien, Jason).
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| Filing 16 Form 11 Notice of Appearance . Filed by Cristina M. Cornejo of White & Case, LLP on behalf of CIMC Intermodal Equipment LLC.(Cornejo, Cristina) |
| Filing 15 Consent Motion to Intervene as Defendant-Intervenor as a Matter of Right. Responses due by 12/27/2023. Filed by Jay Charles Campbell of White & Case, LLP on behalf of CIMC Intermodal Equipment LLC. (Attachments: #1 Proposed Order) (Campbell, Jay) |
| Filing 14 Form 13 Corporate Disclosure Statement . Filed by Jay Charles Campbell of White & Case, LLP on behalf of CIMC Intermodal Equipment LLC. (Campbell, Jay) |
| Filing 13 Form 11 Notice of Appearance . Filed by Jay Charles Campbell of White & Case, LLP on behalf of CIMC Intermodal Equipment LLC.(Campbell, Jay) |
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Filing 12
Order entered on 11/30/2023, assigning action to Judge Stephen Alexander Vaden. (Taronji, Steve)
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Filing 11
Order entered on 11/28/2023 granting Consent Motion for preliminary injunction (Related Doc #10 ). (Goell, Geoffrey)
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| Filing 10 Consent Application/Motion for preliminary injunction and Proposed Order. Responses due by 12/18/2023. Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc..(Lawson, Emily) |
| Filing 9 Form 11 Notice of Appearance . Filed by Ashley Akers of U.S. Department of Justice on behalf of United States.(Akers, Ashley) |
| Filing 8 Summons served by Clerk's Office upon Plaintiff and appropriate Government Agency/Agencies . (Chien, Jason) |
| Filing 7 Certificate of service . Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc.. (Lawson, Emily) |
| Filing 6 Form 11 Notice of Appearance of Edmund W. Sim. Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc..(Lawson, Emily) |
| Filing 5 Form 11 Notice of Appearance of Emily Lawson. Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc..(Lawson, Emily) |
| Filing 4 Form 13 Corporate Disclosure Statement . Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc.. (Lawson, Emily) |
| Filing 3 Form 5 Information Statement . Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc.. (Lawson, Emily) |
| Filing 2 Complaint against United States. Administrative Record due by 12/18/2023. Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc..(Lawson, Emily) |
| Filing 1 Summons . Filed by Emily Lawson of Appleton Luff on behalf of Pitts Enterprises, Inc.. (Lawson, Emily) |
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