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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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