UNITED STATES v. AEGIS SEC. INS. CO.

Slip Op. No. 24-63 Court No. 1:20-cv-03628 (SAV).

703 F.Supp.3d 1404 (2024)

UNITED STATES of America, Plaintiff, v. AEGIS SECURITY INSURANCE COMPANY, Defendant.

United States Court of International Trade.

May 28, 2024.


Attorney(s) appearing for the Case

Beverly A. Farrell, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, and Peter Mancuso, Trial Attorney, for Plaintiff United States. With them on the briefs were Brian M. Boynton, Principal Deputy Assistant Attorney General; Patricia M. McCarthy, Director, Commercial Litigation Branch; Aimee Lee, Assistant Director, Commercial Litigation Branch, Justin R. Miller, Attorney-In-Charge, International Trade Field Office, of New York, NY; and Suzanna Hartzell-Ballard, Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, of Indianapolis, IN.

T. Randolph Ferguson, Sandler, Travis & Rosenberg, P.A., of San Francisco, CA, and Jeffrey M. Telep, King & Spalding LLP, of Washington, DC, for Defendant Aegis Security Insurance Company. With them on the briefs was Jason M. Kenner, Sandler, Travis & Rosenberg, PA., of New York, NY.

Gilbert Lee Sandler, Sandler, Travis & Rosenberg, PA., of Miami, FL, for Amicus Curiae the Customs Surety Coalition and its individual members the International Trade Surety Association; the National Association of Surety Bond Producers, Inc.; the Surety & Fidelity Association of America; and the Customs Surety Association. With him on the brief were Robert B. Silverman and Peter W. Klestadt, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY.

Michael J. Coursey, Paul C. Rosenthal, John M. Herrmann II, Jennifer E. McCadney, and Cameron R. Argetsinger, Kelley Drye & Warren, LLP, of Washington, DC; and Louis S. Mastriani, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC, on the brief for Amici Curiae Adee Honey Farms; American Honey Producers Association; Bayou Land Seafood, LLC; Catahoula Crawfish, Inc.; Christopher Ranch, LLC; L.K. Bowman Company; Sioux Honey Association; and The Garlic Company.


OPINION

The Government has a problem. It would like to appeal the result in this case. However, its counsel made several concessions in open court that would greatly complicate any appeal the Government may file. Thus, the Government has filed a Motion for Reconsideration that seeks to (1) reimagine...

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