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PADILLA v. U.S.

Slip Op. 09-112. Court No. 09-00305.

659 F.Supp.2d 1290 (2009)

Grisel PADILLA d/b/a G. Padilla & Company, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 8, 2009.

Attorney(s) appearing for the Case

Peter S. Herrick, P.A. (Peter S. Herrick), for Plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (David Silverbrand); Christine Henter, United States Department of Commerce, of counsel; Beth Brotman, United States Customs and Border Protection, of counsel, for Defendant.

Before: Gregory W. Carman, Judge.

OPINION

CARMAN, Judge.

This matter is before the Court on Defendant's Motion to Dismiss for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to USCIT Rule 12(b)(5). For the reasons set forth below, Defendant's motion is granted.

BACKGROUND

Plaintiff is a licensed customs broker operating in San Juan, Puerto Rico. (Complaint ("Compl.") ¶...

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