Lizarraga Customs Broker v. United States Customs and Border Protection et al.

Federal Civil Lawsuit Court of International Trade, Case No. 1:08-cv-00400
District Judge Richard K. Eaton, presiding
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District Judge Richard K. Eaton
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Summary

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Parties
No Logo Lizarraga Customs Broker, Plaintiff

Represented by Sandler Travis & Rosenberg, PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Arthur K. Purcell +1 212 883 1300 +1 212 883 0068 apurcell@strtrade.com
ATTORNEY TO BE NOTICED Kenneth Nathan Wolf +1 212 883 1300 +1 212 883 0068 Kwolf@strtrade.com
v.
No Logo Port Director Rosa Hernandez, Defendant

Represented by Burnett & Williams PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Barbara S. Williams +1 703 777 1650

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jason Matthew Kenner +1 212 264 9236 +1 212 264 1916 jason.kenner@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin Reinhart Miller +1 212 264 9241 +1 212 264 1916 justin.r.miller@usdoj.gov
United States Customs & Border Protection United States Customs & Border Protection, Defendant

Represented by Burnett & Williams PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Barbara S. Williams +1 703 777 1650

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jason Matthew Kenner +1 212 264 9236 +1 212 264 1916 jason.kenner@usdoj.gov
ATTORNEY TO BE NOTICED Justin Reinhart Miller +1 212 264 9241 +1 212 264 1916 justin.r.miller@usdoj.gov
United States Department of Homeland Security United States Department of Homeland Security, Defendant

Represented by Burnett & Williams PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Barbara S. Williams +1 703 777 1650

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jason Matthew Kenner +1 212 264 9236 +1 212 264 1916 jason.kenner@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Justin Reinhart Miller +1 212 264 9241 +1 212 264 1916 justin.r.miller@usdoj.gov
Other Parties
No Logo National Customs Broker's & Forwarders Association of America, Inc., Amicus Curiae

Represented by Grunfeld Desiderio Lebowitz & Silverman, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph Martin Spraragen +1 212 973 7726 +1 212 557 4415 jspraragen@gdlsk.com
No Logo Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc., Amicus Curiae

Represented by Lindsay Hart Neil & Weigler LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter A. Friedmann +1 202 783 3333 +1 202 783 4422 ourmanindc@federalrelations.com
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Legal Document (Payment Possibly Required) 105 Filed: 4/6/2010, Entered: None
Letter in Response to this Court's letter dated March 31, 2010. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 104 Filed: 4/6/2010, Entered: None
Letter regarding the Court's letter, dated March 31, 2010. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security. (Miller, Justin) (Entered: 04/06/2010)
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Legal Document (Payment Possibly Required) 103 Filed: 4/1/2010, Entered: None Court Filing
Letter filed by the Honorable Judge Richard K. Eaton concerning draft opinion of preliminary injunction. Response due by 4/7/2010. (Cheevers, Casey) (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 102 Filed: 3/26/2010, Entered: None
Order entered on 3/26/2010 denying Motion to strike and motion to supplement. This matter is remanded for the puposes and schedule set forth in this order.(Related Doc # 87 ). (Ricci, Rebecca) (Additional attachment(s) added on 3/26/2010: # 1 Amended Order) (Swindell, Stephen). (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 101 Filed: 3/26/2010, Entered: None
Notice of Intent to Redact. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security.(Miller, Justin) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 100 Filed: 3/24/2010, Entered: None
Teleconference held on March 24, 2010 at 11:00 a.m. in Chambers.. (Cheevers, Casey) (Entered: 03/24/2010)
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Legal Document (Payment Possibly Required) 99 Filed: 3/18/2010, Entered: None
Transcript of Confidential Oral Argument held on 2/24/2010 filed with court. Notice of Intent to Redact Deadline due 3/30/2010. Redaction Request due 4/8/2010. Redacted Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for 6/16/2010. (Cheevers, Casey) (Entered: 03/18/2010)
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Legal Document (Payment Possibly Required) 98 Filed: 3/9/2010, Entered: None
Order entered on 3/9/2010 scheduling teleconference. Telephone Conference set for 3/24/2010 at 11:00 AM in Chambers.(Cheevers, Casey) (Entered: 03/09/2010)
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Legal Document (Payment Possibly Required) 97 Filed: 3/5/2010, Entered: None
Affidavit/declarations of Assistant Commissioner, Office of International Trade, U.S. Customs and Border Protection. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security. (Miller, Justin) (Entered: 03/05/2010)
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Legal Document (Payment Possibly Required) 96 Filed: 3/1/2010, Entered: None
Order entered on 3/1/2010 staying case until March 10, 2010. Parties are directed to contact the court by March 10, 2010 with respect to the remaining proceedings in this case and to schedule a teleconference regarding the same.(Cheevers, Casey) (Entered: 03/01/2010)
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Legal Document (Payment Possibly Required) 95 Filed: 2/24/2010, Entered: None
Confidential Oral Argument held on 2/24/10 at 11:00 a.m. in Courtroom No. 2 at the U.S. Court of International Trade, New York, New York.. (Cheevers, Casey) Modified on 3/1/2010 (Cheevers, Casey). (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 94 Filed: 2/23/2010, Entered: None
Notice of Manual Filing. The document for Docket Entry # 93 has been filed manually. (related document(s) 93 ). Filed by Peter Friedmann of Lindsay, Hart, Neil & Weigler LLP on behalf of the Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc..(Cheevers, Casey) (Entered: 02/23/2010)
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Legal Document (Payment Possibly Required) 93 Filed: 2/23/2010, Entered: None
Letter to the Court re: February 24, 2010 oral argument. Filed by Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc. Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc.. (Cheevers, Casey) (Entered: 02/23/2010)
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Legal Document (Payment Possibly Required) 92 Filed: 2/17/2010, Entered: None
Certificate of service of Plaintiff's Proposed Orders for Declartory Judgment and Permanent Injunction (related document(s) 90 , 91 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 02/17/2010)
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Legal Document (Payment Possibly Required) 91 Filed: 2/17/2010, Entered: None
Proposed judgment order for Permanent Injunction. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) Modified on 2/17/2010 (Cheevers, Casey). (Entered: 02/17/2010)
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Legal Document (Payment Possibly Required) 90 Filed: 2/17/2010, Entered: None
Proposed judgment order for Declaratory Relief. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Modified on 2/17/2010 (Cheevers, Casey). (Entered: 02/17/2010)
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Legal Document (Payment Possibly Required) 89 Filed: 2/16/2010, Entered: None
Response of Plaintiff to motion to Strike (related document(s) 87 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Proposed Order)(Purcell, Arthur) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 88 Filed: 1/26/2010, Entered: None Court Filing
Letter filed by the Honorable Judge Richard K. Eaton concerning oral argument. Plaintiff shall file a proposed form of a permanent injunction and of a declaratory judgment by 2/17/2010. (Cheevers, Casey) (Entered: 01/27/2010)
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Legal Document (Payment Possibly Required) 87 Filed: 1/27/2010, Entered: None
Motion to strike. Responses due by 2/16/2010. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security.(Miller, Justin) (Entered: 01/27/2010)
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Legal Document (Payment Possibly Required) 86 Filed: 12/10/2009, Entered: None Court Filing
Order entered on 12/10/2009. ORDERED that oral argument before Judge Richard K. Eaton is scheduled for 2/24/2010 11:00 AM in Courtroom No. 3 of the U.S. Court of International Trade, One Federal Plaza, New York, New York.(Cheevers, Casey) (Entered: 12/10/2009)
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Legal Document (Payment Possibly Required) 85 Filed: 12/1/2009, Entered: None
Order entered on 12/1/2009 granting Motion for extension of time to file response brief. ORDERED that defendants may file a consolidated brief in response to all amicus curiae briefs or a separate brief in response to each amicus curiae brief on or before 11/15/2009. (Related Doc # 83 ). (Cheevers, Casey) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 84 Filed: 11/13/2009, Entered: None
Response to the briefs of the amicus curiae to motion (related document(s) 48 , 53 ). Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security.(Miller, Justin) (Entered: 11/13/2009)
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Legal Document (Payment Possibly Required) 83 Filed: 11/5/2009, Entered: None
Partial Consent Motion for extension of time until 11/15/2009 to file response brief to amicus briefs (related document(s) 80 ). Responses due by 11/25/2009. Filed by Barbara S. Williams of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security.(Williams, Barbara) (Entered: 11/05/2009)
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Legal Document (Payment Possibly Required) 82 Filed: 10/28/2009, Entered: None
Reply memorandum in support of Defendants' partial motion to dismiss and partial motion for judgment upon the agency record (related document(s) 55 ). Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Customs and Border Protection, United States Department of Homeland Security.(Miller, Justin) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 81 Filed: 10/28/2009, Entered: None
Order entered on 10/28/2009 granting Motion for extension of time to file reply briefs. Reply brief to dispositive motion due by 10/28/2009. (Related Doc # 80 ). Defendant may file either a consolidated or separate brief in response to the amicus curiae briefs by 11/05/2009. (Cheevers, Casey) (Entered: 10/28/2009)
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Legal Document (Payment Possibly Required) 80 Filed: 10/26/2009, Entered: None
Consent Motion for extension of time until 10/28/2009 to file reply brief and consent motion to respond to the amicus curiae briefs. Responses due by 11/16/2009. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of Rosa Hernandez, United States Department of Homeland Security, United States Customs and Border Protection.(Miller, Justin) (Entered: 10/26/2009)
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Legal Document (Payment Possibly Required) 79 Filed: 9/18/2009, Entered: None
Order entered on 9/18/2009 granting Motion for leave to file amended answer. Amended answer attached to Deft's motion shall be deemed filed 9/17/2009. Defts shall file reply to partial motion to dismiss and partial motion for judgmentupon agency record and response to briefs of amicus due by 10/25/2009(Related Doc # 76 ). (Ricci, Rebecca) (Entered: 09/18/2009)
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Legal Document (Payment Possibly Required) 78 Filed: 9/15/2009, Entered: None
Response of Plaintiff to motion Seeking Leave to Amend the Answer (related document(s) 76 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Purcell, Arthur) (Entered: 09/15/2009)
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Legal Document (Payment Possibly Required) 77 Filed: 9/10/2009, Entered: None
Order entered on 9/10/2009 granting Motion for extension of time to file response brief. ORDERED that defendants may file a consolidated brief in response to all amicus curiae briefs or a separate brief in response to each amicus curiae brief due by 10/9/2009. (Related Doc # 75 ). (Cheevers, Casey) (Entered: 09/10/2009)
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Legal Document (Payment Possibly Required) 76 Filed: 9/9/2009, Entered: None
Motion for leave to amend the answer. Responses due by 9/28/2009. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of all defendants. (Attachments: # 1 Exhibit Proposed Amended Answer)(Miller, Justin) (Entered: 09/09/2009)
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Legal Document (Payment Possibly Required) 75 Filed: 8/10/2009, Entered: None
Motion for extension of time until 10/9/2009 to file response brief to the briefs of the amicus curiae. Responses due by 8/31/2009. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 74 Filed: 8/6/2009, Entered: None
Order entered on 8/6/2009 denying defendants' motion to stay and denying motion, in the alternative, to amend defendant's answer subject to the filing of a new motion to which the proposed answer is attached. ORDERED that defendants may submit to the court a renewed motion to amend their answer, with the proposed amended answer attached by 9/09/2009 (Related Doc # 70 ). (Cheevers, Casey) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 73 Filed: 8/3/2009, Entered: None
Response of Plaintiff to motion by Defendants to Stay this Action Pending a Voluntary Remand to the Agency (related document(s) 70 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Proposed Order)(Purcell, Arthur) (Entered: 08/03/2009)
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Legal Document (Payment Possibly Required) 72 Filed: 7/14/2009, Entered: None
Order entered on 7/14/2009 Scheduling order: Plaintiff's response to defendants' motion to stay this action pending a voluntary remand to the agency or in the the alternative, seeking to amend the answer and for an extension of time to file the reply to the partial motion to dismiss and partial motion for judgment upon the agency record is due 8/03/2009. ORDERED that if necessary, following the court's ruling on the motion to stay, the court will issue an order with respect to (1) the due date of the defendants' reply to the partial motion to dismiss and partial motion for judgment upon the agency record and (2) the scheduling of an oral argument in this case.(Cheevers, Casey) (Entered: 07/14/2009)
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Legal Document (Payment Possibly Required) 71 Filed: 7/13/2009, Entered: None
Order entered on 7/13/2009. ORDERED that defendants' motion for an extension of time is granted and that the reply brief shall be due on July 20, 2009. ORDERED that a Telephone Conference is scheduled for 7/14/2009 12:00 PM at which time the parties shall jointly call the chambers.(Cheevers, Casey) (Entered: 07/13/2009)
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Legal Document (Payment Possibly Required) 70 Filed: 7/13/2009, Entered: None
Motion to stay pending a voluntary remand to the agency, Alternative Motion for leave to amend the answer and for an extension of time to file the reply brief to the partial motion to dismiss and partial motion for judgment on the agency record. Responses due by 8/3/2009. Filed by Jason Matthew Kenner of U.S. Department of Justice on behalf of all defendants.(Kenner, Jason) (Entered: 07/13/2009)
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Legal Document (Payment Possibly Required) 69 Filed: 7/9/2009, Entered: None
Response to Defendant's Second Motion for Extension of Time to File Their Reply Brief to motion (related document(s) 68 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Purcell, Arthur) (Entered: 07/09/2009)
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Legal Document (Payment Possibly Required) 68 Filed: 7/8/2009, Entered: None
Motion for extension of time until 7/15/2009 to file reply brief (related document(s) 63 ). Responses due by 7/27/2009. Filed by Barbara S. Williams of U.S. Department of Justice on behalf of all defendants.(Williams, Barbara) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 67 Filed: 6/10/2009, Entered: None
Brief of Amicus Curiae NCBFAA in Support of Plaintiff Lizarraga Customs Broker deemed filed as of Order signed June 10, 2009 (related document(s) 3 ). Filed by Joseph Martin Spraragen of Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP on behalf of National Customs Broker's & Forwarders Association of America, Inc.. (Cheevers, Casey) (Entered: 06/10/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 6/10/2009, Entered: None
Brief Memorandum of amicus curiae PCC in Support of Plaintiff's Motion for Preliminary Injunction deemed filed as per Order signed 6/10/2009. (related document(s) 3 , 32 ). Filed by Peter A. Friedmann of Lindsay, Hart, Neil & Weigler LLP on behalf of Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc.. (Cheevers, Casey) (Entered: 06/10/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 6/10/2009, Entered: None
Order entered on 6/10/2009 granting NCBFFA and PCC's motion to appear as amicus curiae. ORDERED that the amicus curiae briefs attached to the movants' motion for leave to file such briefs are deemed filed as of the date of this order. ORDERED that defendant, at its discretion, may file a consolidated brief in response to all amicus curiae briefs or a separate brief in response within sixty (60) days. (Related Doc # 48 )(Related Doc # 53 ). (Cheevers, Casey) (Entered: 06/10/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 6/10/2009, Entered: None
Order entered on 6/10/2009 granting Motion for extension of time to file reply brief to the partial motion to dismiss and partial motion for judgment upon the agency record. ORDERED that defendants shall file their reply brief by 7/8/2009 (Related Doc # 63 ). (Cheevers, Casey) (Entered: 06/10/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 6/5/2009, Entered: None
Motion for extension of time until 7/8/2009 to file reply brief. Responses due by 6/24/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 6/5/2009, Entered: None
Response to motion (both motions) for leave to file an amicus curiae brief by Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. and by National Customs Brokers & Forwarders Association of America, Inc. (related document(s) 48 , 53 ). Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 06/05/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 6/3/2009, Entered: None
Order entered on 6/3/2009 granting Motion for extension of time to respond to motion. Defendants shall file their response to National Custom Brokers' motion for leave to file an amicus curiae brief in support of plaintiff Lizarraga Customs broker by June 8, 2009. (Related Doc # 59 ). (Love, Cynthia) (Entered: 06/03/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 6/3/2009, Entered: None
Order entered on 6/3/2009 granting Motion for extension of time to respond to motion. Defendant's response to Pacific Coast Council's motion for leave to file an amicus curiae brief in support of plaintiff's application for preliminary injunction is due by June 8, 2009. (Related Doc # 56 ). (Love, Cynthia) (Entered: 06/03/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 6/1/2009, Entered: None
Partial Consent Motion for extension of time until 6/8/2009 to respond to motion for leave to file an amicus curiae brief in support of plaintiff by National Customs Brokers & Forwarders Association of America, Inc. (related document(s) 53 ). Responses due by 6/22/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 06/01/2009)
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Legal Document (Payment Possibly Required) 58 Filed: 5/15/2009, Entered: None
Notice of Manual Filing. The document for Docket Entry # 57 has been filed manually. (related document(s) 57 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Cheevers, Casey) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 57 Filed: 5/15/2009, Entered: None
Confidential Exhibit A to Plaintiff's Memorandum in Opposition to Defendants' Partial Motion to Dismss and Partial Motion for Judgment Upon the Agency Record. (related document(s) 55 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Cheevers, Casey) (Entered: 05/18/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 5/15/2009, Entered: None
Motion for extension of time until 6/8/2009 to respond to motion for leave to file an amicus curiae brief by Pacific Coast Council of Customs Brokers & Freight Forwarders Assns.. Responses due by 6/8/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 05/15/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 5/15/2009, Entered: None
Response of Plaintiff to Defendants' Partial Motion to Dismiss and Partial Motion for Judgment on the Agency Record to motion (related document(s) 37 , 41 ). Replies due by 6/8/2009. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Proposed Order)(Purcell, Arthur) (Entered: 05/15/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 5/13/2009, Entered: None
Provisional Brief. Filed by Joseph Martin Spraragen of Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP on behalf of National Customs Broker's & Forwarders Association of America, Inc.. (Spraragen, Joseph) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 5/13/2009, Entered: None
Motion to appear as amicus curiae. Responses due by 6/2/2009. Filed by Joseph Martin Spraragen of Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP on behalf of National Customs Broker's & Forwarders Association of America, Inc..(Spraragen, Joseph) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 5/13/2009, Entered: None
Form 13 Corporate Disclosure Statement. Filed by Joseph Martin Spraragen of Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP on behalf of National Customs Broker's & Forwarders Association of America, Inc.. (Spraragen, Joseph) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 5/13/2009, Entered: None
Form 11 Notice of Appearance. Filed by Joseph Martin Spraragen of Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP on behalf of National Customs Broker's & Forwarders Association of America, Inc..(Spraragen, Joseph) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 5/13/2009, Entered: None
ORDERED that plaintiff's request for oral argument is granted and that the parties are directed to contact the court with a date for oral argument by 8/5/2009. Responses due by 8/5/2009. (Cheevers, Casey) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 4/30/2009, Entered: None
Notice of Manual Filing. The document for Docket Entry # 46,47 and 48 has been filed manually. (related document(s) 46 , 47 , 48 ). Filed by Peter A. Friedmann of Lindsay, Hart, Neil & Weigler LLP on behalf of Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc..(Cheevers, Casey) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 4/30/2009, Entered: None
Motion to appear as amicus curiae. Responses due by 5/19/2009. Filed by Peter A. Friedmann of Lindsay, Hart, Neil & Weigler LLP on behalf of Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc..(Cheevers, Casey) # 1. Modified on 7/8/2009 (Cheevers, Casey). (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 4/30/2009, Entered: None
Form 13 Corporate Disclosure Statement. Filed by Peter A. Friedmann of Lindsay, Hart, Neil & Weigler LLP on behalf of Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc.. (Cheevers, Casey) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 4/30/2009, Entered: None
Form 11 Notice of Appearance of Peter Friedmann. Filed by Error atty not known of Lindsay, Hart, Neil & Weigler LLP Pacific Coast Council of Customs Brokers & Freight Forwarders Assns. Inc..(Cheevers, Casey) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 4/30/2009, Entered: None
Public Motion to dismiss case Public version of defendant's partial motion to dismiss and partial motion for judgment upon the agency record, and the public version of the memorandum in support thereof. Response to Dispositive Motion due by 6/4/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 4/30/2009, Entered: None
Public Response in opposition to motion for a preliminary injunction (related document(s) 3 ). Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 4/30/2009, Entered: None
Letter. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants. (Miller, Justin) (Entered: 04/30/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 4/28/2009, Entered: None
Order entered on 4/28/2009 granting Motion for extension of time to respond to motion. Plaintiff's response to defendants' partial motion to dismiss and partial motion for summmary judgment on the agency record due by 5/15/2009. (Related Doc # 41 ). (Cheevers, Casey) (Entered: 04/28/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 4/27/2009, Entered: None
Consent Motion for extension of time until 5/15/2009 to respond to motion to Defendants' Combined Partial Motion to Dismiss and Partial Motion for Judgment Upon the Agency Record (related document(s) 37 ). Responses due by 5/18/2009. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Proposed Order)(Purcell, Arthur) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 4/1/2009, Entered: None
Joint Letter. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants. (Miller, Justin) (Additional attachment(s) added on 4/1/2009: # 1 Proposed Order) (Cheevers, Casey). (Entered: 04/01/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 3/27/2009, Entered: None
Notice of Manual Filing. The document for Docket Entry # 37 and 38 has been filed manually. (related document(s) 38 , 37 ). Filed by Justin R. Miller of U.S. Department of Justice on behalf of United States Customs and Border Protection, United States Department of Homeland Security.(Cheevers, Casey) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 3/27/2009, Entered: None
Confidential Response in opposition to motion for a preliminary injunction (related document(s) 3 ). Filed by Justin R. Miller of U.S. Department of Justice on behalf of United States Customs and Border Protection, United States Department of Homeland Security.(Cheevers, Casey) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 3/27/2009, Entered: None
Confidential Motion to dismiss case Defendant's Memorandum in Support of Partial Motion to Dismiss and in Support of Its Partial Motion for Judgment Upon the Agency Record. Response to Dispositive Motion due by 5/1/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of United States Customs and Border Protection, United States Department of Homeland Security.(Cheevers, Casey) (Entered: 03/30/2009)
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Legal Document (Payment Possibly Required) 36 Filed: 3/23/2009, Entered: None
Order entered on 3/23/2009 granting Motion to Amend Scheduling Order (Related Doc # 35 ). Defendant shall file a brief in opposition to plaintiff's motion by 3/27/2009. The parties shall notify the court on or before April 1, 2009 as to whether oral argument is necessary and if so whether any party wishes to offer testimony of witnesses in open court. (Cheevers, Casey) (Entered: 03/23/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 3/20/2009, Entered: None
Consent Motion to Amend Scheduling Order dated February 26, 2009. Responses due by 4/8/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 2/26/2009, Entered: None
Amended Scheduling Order entered on 2/26/2009 granting Motion to Amend Scheduling Order.(Related Doc # 33 ). ORDERED that the Defendant shall file a brief in opposition to plaintiff's motion for a preliminary injunction on or before 3/20/2009. ORDERED that the parties shall notify the court on or before the 3rd day after the filing of the defendant's brief in opposition as to: (A) whether oral argument is necessary, and (B) if so, whether any party wishes to offer the testimony of witnesses in open court and the Defendant shall not suspend plaintiff's entry filer code during this period of time. (Cheevers, Casey) (Entered: 02/26/2009)
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Legal Document (Payment Possibly Required) 33 Filed: 2/25/2009, Entered: None
Consent Motion to Amend Scheduling Order dated February 6, 2009. Responses due by 3/16/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 02/25/2009)
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Legal Document (Payment Possibly Required) 32 Filed: 2/20/2009, Entered: None
Brief Plaintiff's Memorandum in Support of Motion for Preliminary Injunction (related document(s) 3 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Exhibit Exhibits A through E)(Purcell, Arthur) (Entered: 02/20/2009)
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Legal Document (Payment Possibly Required) 31 Filed: 2/6/2009, Entered: None
Order entered on 2/6/2009 granting Motion to Amend Scheduling Order. ORDERED that Plaintiff shall file a brief in support of its motion for a preliminary injunction on or 2/20/2009. Defendant shall file a brief in opposition to plaintiff's motion on or before the 7th day afther the filing of plaintiff's brief in support. The parties shall notify the court on or before the 3rd day after the filing of the defendant's opposition brief as to (A) whether oral argument or a hearing is necessary and (B) whether any party wished to offer the testimony of witnesses in open court (Related Doc # 30 ). (Cheevers, Casey) (Entered: 02/06/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 2/4/2009, Entered: None
Consent Motion to Amend Scheduling Order of December 23, 2008. Responses due by 2/24/2009. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Proposed Order)(Purcell, Arthur) (Entered: 02/04/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 1/27/2009, Entered: None
Stipulated Protective Order entered on 1/27/2009.(Cheevers, Casey) (Entered: 01/27/2009)
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Legal Document (Payment Possibly Required) 28 Filed: 1/23/2009, Entered: None
Notice of Manual Filing. The document for Docket Entry # 27 has been filed manually. (related document(s) 27 ). Filed by Justin R. Miller of U.S. Department of Justice on behalf of United States Customs and Border Protection, United States Department of Homeland Security.(Cheevers, Casey) (Entered: 01/26/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 1/23/2009, Entered: None
Confidential Administrative record for U.S. Customs and Border Protection Department of Homeland Security filed with letter explaining that the revised confidential record and public record will be filed within three weeks. (Cheevers, Casey) (Entered: 01/26/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 1/23/2009, Entered: None
Letter regarding a Stipulated Protective Order. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants. (Miller, Justin) (Entered: 01/23/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 1/12/2009, Entered: None
Answer to Complaint. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants. (Miller, Justin) (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 12/23/2008, Entered: None
Order entered on 12/23/2008 granting Motion to amend the Order dated December 5, 2008. ORDERED that (1) the Defendant shall file the administrative record by 1/23/2009 (2) Plaintiff shall file preliminary injunction brief on or before the 14th day after the filing of the administrative record (3) Defendant shall file its opposition brief by the 7th day after the filing of the plaintiff's brief in support (4) Each brief shall not exceed 20 pages (5) the parties shall notify the court on the 3rd day after the filing of the defendant's opposition brief as to whether (A) an oral argument is necessary, and (B) whether any party wishes to offer the testimony of witnesses in open court and (6) Defendant shall not suspend plaintiff's entry filer code during this period of time. (Related Doc # 23 ). (Cheevers, Casey) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 23 Filed: 12/19/2008, Entered: None
Consent Motion to alter/amend/correct the Order, dated December 5, 2008. Responses due by 1/12/2009. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants.(Miller, Justin) (Entered: 12/19/2008)
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Legal Document (Payment Possibly Required) 22 Filed: 12/5/2008, Entered: None
Scheduling Order entered on 12/5/2008. ORDERED that (1) Administrative Record due by 12/23/2008 (2) Plaintiff shall file a brief in support of its motion for preliminary injunction by 1/02/2009 (3) Defendant shall file a brief in opposition to plaintiff's motion on or before seven days following the filing of plaintiff's brief in support (4) Briefs shall not exceed 20 pages and (5) the parties shall notify the court on or before three days following the filing of defendant's brief in opposition as to (A) whether oral argument is necessary, and (B) if so, whether any party wishes to offer the testimony of witnesses in open court.(Cheevers, Casey) (Entered: 12/05/2008)
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Legal Document (Payment Possibly Required) 21 Filed: 12/4/2008, Entered: None
Letter to the Hon. Richard K. Eaton. Filed by Justin R. Miller of U.S. Department of Justice on behalf of all defendants. (Miller, Justin) (Entered: 12/04/2008)
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Legal Document (Payment Possibly Required) 20 Filed: 11/26/2008, Entered: None Court Filing
Order entered on 11/26/2008 assigning action to Judge Richard K. Eaton.(Cheevers, Casey) (Entered: 11/26/2008)
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Legal Document (Payment Possibly Required) 19 Filed: 11/21/2008, Entered: None
Order entered on 11/21/2008 directing the defendant to file the administrative record by 12/23/2008. However, if the administrative record is filed by 12/08/2008, the parties shall file their preliminary injunction briefs and appear for a related hearing within 15 days of the filing of the administrative record. If the administrative record has been not been filed by 12/08/2008, the parties shall participate in a conference call with the court on 12/09/2008. (Cheevers, Casey) (Entered: 11/21/2008)
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Legal Document (Payment Possibly Required) 18 Filed: 11/19/2008, Entered: None Court Filing
Teleconference scheduled for 11/20/08 at 11:00 a.m. in Chambers of the Honorable Judge Richard K. Eaton.. (Cheevers, Casey) (Entered: 11/19/2008)
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Legal Document (Payment Possibly Required) 17 Filed: 11/19/2008, Entered: None
Letter to the Hon. Richard K. Eaton. Filed by Justin R. Miller of U.S. Department of Justice on behalf of United States Customs and Border Protection. (Miller, Justin) (Entered: 11/19/2008)
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Legal Document (Payment Possibly Required) 16 Filed: 11/17/2008, Entered: None
Form 11 Notice of Appearance of Kenneth N. Wolf, Esq. Filed by Kenneth Nathan Wolf of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Wolf, Kenneth) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 15 Filed: 11/17/2008, Entered: None
Form 11 Notice of Appearance of Arthur K. Purcell, Esq. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Purcell, Arthur) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 14 Filed: 11/17/2008, Entered: None
Letter issued by Court concerning intent to address the Court's jurisdiction at the outset of the hearing on Pltf's motion for PI. (Warner, Scott) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 13 Filed: 11/17/2008, Entered: None
Certificate of service (related document(s) 3 , 2 ). Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/17/2008)
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Legal Document (Payment Possibly Required) 12 Filed: 11/14/2008, Entered: None Court Filing
TRO Hearing held on 11/14/08 at 11:00 a.m & 3:00 p.m. in Courtroom 2, USCIT before Judge Richard K. Eaton. (Love, Cynthia) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 11 Filed: 11/14/2008, Entered: None
Order entered on 11/14/2008 granting Motion for temporary restraining order(Related Doc # 2 ); granting Motion for order to show cause (Related Doc # 4 ). Show Cause Hearing set for 11/21/2008 11:00 AM in Courtroom No. 2. (Love, Cynthia) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 10 Filed: 11/14/2008, Entered: None Court Filing
Letter to Judge Eaton from San Diego Customs Brokers Association. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 9 Filed: 11/14/2008, Entered: None
Affidavit/declarations of Guillermo Lizarraga in Support of Preliminary Injuctions and TRO. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 8 Filed: 11/14/2008, Entered: None
Amended Form 13 Corporate Disclosure Statement. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 7 Filed: 11/14/2008, Entered: None
Amended Form 5 Information Statement. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 6 Filed: 11/13/2008, Entered: None
Verified Complaint against all defendants. Answer due by 1/20/2009. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Fong, Sam) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 5 Filed: 11/13/2008, Entered: None
Affidavit/declarations of Arthur Purcell in Support of Order to Show Cause. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Fong, Sam) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 11/13/2008, Entered: None
Motion for order to show cause. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Fong, Sam) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 11/13/2008, Entered: None
Emergency Application/Motion for preliminary injunction and Supporting Brief. Responses due by 12/3/2008. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Attachments: # 1 Brief in Support of Preliminary Injunction and TRO)(Fong, Sam) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 11/13/2008, Entered: None
Application/Motion for temporary restraining order. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker.(Fong, Sam) (Entered: 11/14/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 11/13/2008, Entered: None
Summons. Filed by Arthur K. Purcell of Sandler, Travis & Rosenberg, PA on behalf of Lizarraga Customs Broker. (Purcell, Arthur) (Entered: 11/13/2008)
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