991 F.Supp.2d 1319 (CIT 2014), 11-00106, Since Hardware (Guangzhou) Co., Ltd. v. United States

Docket Nº:Consol. Court 11-00106
Citation:991 F.Supp.2d 1319
Opinion Judge:Gordon, Judge:
Party Name:SINCE HARDWARE (GUANGZHOU) CO., LTD., Plaintiff, v. UNITED STATES, Defendant
Attorney:Consol. Court No. 11-00106 William E. Perry and Emily Lawson, Dorsey & Whitney LLP of Seattle, Washington for Plaintiff Since Hardware (Guangzhou) Co., Ltd. Gregory S. Menegaz, J. Kevin Horgan, and John J. Kenkel, deKieffer & Horgan of Washington, DC for Plaintiff-Intervenor Foshan Shunde Yongjia...
Judge Panel:Before: Leo M. Gordon, Judge.
Case Date:June 18, 2014
Court:Court of International Trade

Page 1319

991 F.Supp.2d 1319 (CIT 2014)

SINCE HARDWARE (GUANGZHOU) CO., LTD., Plaintiff,

v.

UNITED STATES, Defendant

Consol. Court No. 11-00106

United States Court of International Trade

June 18, 2014

Motion to sever denied.

William E. Perry and Emily Lawson, Dorsey & Whitney LLP of Seattle, Washington for Plaintiff Since Hardware (Guangzhou) Co., Ltd.

Gregory S. Menegaz, J. Kevin Horgan, and John J. Kenkel, deKieffer & Horgan of Washington, DC for Plaintiff-Intervenor Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd.

Carrie A. Dunsmore, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice for Defendant United States. With her on the brief were Stuart F. Delery, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief was Aman Kakar, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce of Washington, DC.

Frederick L. Ikenson, Larry Hampel, and Kierstan L. Carlson, Blank Rome LLP of Washington, DC for Defendant-Intervenor Home Products International, Inc.

Before: Leo M. Gordon, Judge.

OPINION

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MEMORANDUM and ORDER

Gordon, Judge:

Before the court is Home Products International, Inc.'s (" HPI" ) motion to sever Foshan Shunde Yongjian Housewares & Hardwares Co. v. United States, Court No. 11-00118 (" Foshan Shunde" ) from this consolidated action. Defendant supports the requested relief. Since Hardware (Guangzhou) Co., Ltd. (" Since Hardware" ) and Foshan Shunde Yongjian Housewares & Hardwares Co. (" Foshan Shunde" ) oppose the motion.

USCIT Rule 21 provides for the severance of a party or a claim against a party. The Rule provides no specific requirements, leaving the matter " committed to the sound discretion of the court." Generra Sportswear, Inc. v. United States, 16 CIT 313, 315 (1992). Among the factors the court considers are: (1) the totality of the facts and circumstances of the case; (2) whether factual and legal distinctions exist to justify the severance; (3) the potential prejudice to the opposing party; (4) whether severance will promote judicial economy through a savings to the opposing party; and (5)

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whether severance will promote the interests of justice. Id. Although developed in a customs case, these same factors have been applied in...

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