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U.S. v. GREENLIGHT ORGANIC, INC.

Court No. 17-00031 Slip Op. 17-126.

264 F.Supp.3d 1376 (2017)

UNITED STATES, Plaintiff, v. GREENLIGHT ORGANIC, INC., Defendant.

United States Court of International Trade.

September 15, 2017.

Attorney(s) appearing for the Case

William Kanellis , Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Plaintiff. With him on brief were Chad A Readler , Acting Assistant Attorney General, Jeanne E Davidson , Director, and Patricia M. McCarthy , Assistant Director.

Peter S. Herrick , Peter S. Herrick, P.A., of St. Petersburg, FL, for Defendant. With him on brief were Josh Levy, Marlow , Adler, Abrams, Newman and Lewis, P.A., of Coral Gables, FL, and Gregory E. Garman and Mark M. Weisenmiller , Garman Turner Gordon LLP, of Las Vegas, NV.

OPINION

Before the court is the issue of whether the automatic bankruptcy stay of 11 U.S.C. § 362(a) (2012)1 applies to an action brought pursuant to 19 U.S.C. § 1592 for fraudulent misrepresentations made in the course of importing merchandise into the commerce...

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