GILDA INDUSTRIES, INC. v. U.S.

Slip Op. 09-102, Court No. 07-00474.

645 F.Supp.2d 1296 (2009)

GILDA INDUSTRIES, INC., Plaintiff, and Nestlé Waters North America, Inc., Plaintiff-Intervenor, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 18, 2009.


Attorney(s) appearing for the Case

Peter S. Herrick, Miami, FL, for Plaintiff.

Hogan & Hartson, LLP (Jonathan T. Stoel and Craig A. Lewis), Washington, DC, for Plaintiff-Intervenor.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Civil Division, Commercial Litigation Branch, United States Department of Justice (David S. Silverbrand); Office of the General Counsel for the United States Trade Representative (William Busis), of counsel, for The United States of America.

Before MUSGRAVE, Senior Judge.


OPINION AND ORDER

MUSGRAVE, Senior Judge.

Plaintiff Gilda Industries, Inc. ("Gilda") moves pursuant to USCIT Rule 60(b)(6) to vacate the portion of the Court's May 14, 2008 order denying Gilda's motion for class certification with respect to challenging the retaliatory tariffs imposed pursuant to the EC—Beef Hormones dispute, familiarity with which is presumed. Cf. Slip Op. 09-58 (June 16, 2009) with Implementation of WTO Recommendations...

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