U.S. v. SPANISH FOODS, INC.

Slip Op. 01-14. Court No. 98-03-00620.

131 F.Supp.2d 1374 (2001)

UNITED STATES, Plaintiff, v. SPANISH FOODS, INC., et al., Defendants and Fausto Diaz-Oliver, et al., Third-Party Plaintiffs, v. Claudio L. Martinez, Third-Party Defendant

United States Court of International Trade.

February 2, 2001.


Attorney(s) appearing for the Case

Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Commercial Litigation Branch, Civil Division, United States Department of Justice, (James W. Poirier), Washington, DC, for plaintiff.

Carroll & Associates, P.A., (Linda L. Carroll), Miami, FL, for Lilliam S. Martinez.

Fotopulos & Spridgeon, (Thomas E. Fotopulos), Tampa, FL, for Fausto Diaz-Oliver.

Collier Shannon Scott, PLLC, (Paul C. Rosenthal, John B. Brew and John M. Herrmann), Washington, DC, for Remedios Diaz-Oliver.

Holland & Knight LLP, (Gregory Baldwin), Miami, FL, for George Mencio, Jr.


ORDER

TSOUCALAS, Senior Judge.

Defendants Spanish Foods, Inc., Lilliam S. Martinez, Francisco Hernandez-Perez, Fausto Diaz-Oliver, Remedios Diaz-Oliver and Vincente Hernandez-Perez ("Defendants"), being sued by the United States for civil penalties and lost duties for 158 violations of 19 U.S.C. § 1592 on March 27, 1998, had moved for summary judgment claiming that the Government commenced this action after the expiration of the five-year statute...

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