FLORIDA TOMATO EXCHANGE v. U.S.

Slip Op. 14-40. Court No. 13-00148.

973 F.Supp.2d 1334 (2014)

The FLORIDA TOMATO EXCHANGE, Plaintiff, v. UNITED STATES, Defendant, and Caades Sinaloa, A.C., Consejo Agricola De Baja California, A.C., Asociacion Mexicana De Horticultura Protegida, A.C., Union Agricola Regional De Sonora Productores De Hortalizas Frutas y Legumbres, Confederacion Nacional De Productores De Hortalizas, Defendant-Intervenors.

United States Court of International Trade.

April 11, 2014.


Attorney(s) appearing for the Case

Terence P. Stewart , Geert De Prest , Patrick J. McDonough , and Nicholas J. Birch , Stewart and Stewart, of Washington, D.C., for plaintiff.

Mikki Cottet , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington D.C., for defendant. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Rebecca Cantu , Senior Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, of Washington, D.C.

Thomas B. Wilner , Robert S. LaRussa , and Bryan Dayton , Shearman & Sterling LLP, of Washington, D.C., for defendant-intervenors.


EATON, Judge:

This matter is before the court on plaintiff The Florida Tomato Exchange's ("plaintiff" or the "FTE") motion to strike certain exhibits and arguments from Defendant-Intervenors' Response to Plaintiff's Rule 56.2 Motion for Judgment on the Agency Record (ECF Dkt. No. 40). Pl.'s Mot. to Strike Portions of the Def.-Ints.' Br. 1 (ECF Dkt. No. 47) ("Pl.'s Mot. to Strike"); see Pl.'s Rule 56.2 Mot. for J. on the Agency R. (ECF Dkt. No. 30) ("Rule 56...

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