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GIORGIO FOODS, INC. v. U.S.

Slip Op. 11-139. Court No. 03-00286.

804 F.Supp.2d 1315 (2011)

GIORGIO FOODS, INC., Plaintiff, v. UNITED STATES, Defendant, and L.K. Bowman Company, Monterey Mushrooms, Inc., and Mushroom Canning Company, Defendant-Intervenors.

United States Court of International Trade.

November 17, 2011.

Attorney(s) appearing for the Case

Arnold & Porter, LLP ( Michael T. Shor and Sarah Brackney Arni ), Washington, DC, for Plaintiff Giorgio Foods, Inc.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director, Franklin E. White, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, ( Courtney S. McNamara ) and Andrew G. Jones , Office of Assistant Chief Counsel, United States Customs and Border Protection, Of Counsel, and James M. Lyons , General Counsel, Neal J. Reynolds , Assistant General Counsel, U.S. International Trade Commission ( Patrick V. Gallagher, Jr. ), for Defendant United States.

Akin, Gump, Strauss, Hauer & Feld, LLP ( Valerie A. Slater and W. Randolph Teslik), Washington, DC, for Defendant-Intervenors L.K. Bowman Company and The Mushroom Company.

Kelley Drye & Warren, LLP ( Michael J. Coursey and R. Alan Luberda ), Washington, DC, for Defendant-Intervenor Monterey Mushrooms, Inc.

OPINION

WALLACH, Judge:

I

INTRODUCTION

Plaintiff Giorgio Foods, Inc. ("Giorgio" or "Plaintiff") filed a Second Motion for Leave to Amend the Complaint ("Plaintiff's Motion") seeking to amend its Complaint in five ways. First, in light of the Federal Circuit's decision in SKF USA, Inc. v. U.S. Customs and Border Prot., 556 F.3d 1337 (Fed.Cir.2009), cert. denied, ___ U.S. ___,

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