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U.S. v. ROBERT E. LANDWEER & CO.

Slip Op. 12-17. Court No. 09-00060.

816 F.Supp.2d 1364 (2012)

UNITED STATES, Plaintiff, v. ROBERT E. LANDWEER & CO., Defendant.

United States Court of International Trade.

February 8, 2012.

Attorney(s) appearing for the Case

Stephen C. Tosini, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Plaintiff United States. On the briefs were David S. Silverbrand and Michael D. Panzera, Trial Attorneys. With them on the briefs were Tony West, Assistant Attorney General, and Patricia M. McCarthy, Assistant Director. Of counsel on the briefs was Leigh Sellari, Office of Assistant Chief Counsel for U.S. Customs and Border Protection of Seattle, WA.

Joel R. Junker, Joel R. Junker & Associates, of Seattle, WA, for Defendant Robert E. Landweer & Co. With him on the brief was Emily Lawson.

OPINION

GORDON, Judge:

Defendant Robert E. Landweer & Co. ("Landweer") moves to dismiss this action pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction and USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1582(1) and therefore denies Defendant's USCIT Rule 12(b)(1) motion to dismiss. However, Plaintiff has failed to state a claim...

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