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U.S. v. TENACIOUS HOLDINGS, INC.

Slip Op. 13-62. Court No. 12-00173.

917 F.Supp.2d 1322 (2013)

UNITED STATES of America, Plaintiff, v. TENACIOUS HOLDINGS, INC. (formerly known as Ergodyne Corporation), Defendant.

United States Court of International Trade.

May 15, 2013.

Attorney(s) appearing for the Case

Joshua A. Mandlebaum , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Plaintiff. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Philip J. Hiscock , Staff Attorney, Office of Associate Chief Counsel, U.S. Customs and Border Protection, of Chicago, IL.

John M. Peterson , Richard F. O'Neill , and Russell A. Semmel , Neville Peterson LLP, of New York, NY, for Defendant.

OPINION AND ORDER

CARMAN, Judge:

Before the Court is a motion to dismiss filed by Defendant Tenacious Holdings, Inc. ("Tenacious"), formerly known as Ergodyne Corporation ("Ergodyne").1 Tenacious asks the Court to dismiss the case pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. In brief, Tenacious argues that the claims underlying the suit of the United States were required...

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