997 F.Supp.2d 1347 (CIT 2014), 13-00163, Koehler v. United States

• Docket Nº: 13-00163
• Citation: 997 F.Supp.2d 1347
• Opinion Judge: Nicholas Tsoucalas, Senior Judge.
• Party Name: PAPIERFABRIK AUGUST KOEHLER SE, Plaintiff, v. UNITED STATES, Defendant, and APPLETON PAPERS INC., Defendant-Intervenor
• Attorney: No. 13-00163 F. Amanda DeBusk, Matthew R. Nicely, John F. Wood, Eric S. Parnes, Lynn G. Kamarck, and Alexandra B. Hess, Hughes Hubbard & Reed LLP, of Washington, DC, for plaintiff. Joshua E. Kurland, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Wash...
• Case Date: July 28, 2014
• Court: Court of International Trade

Page 1347

997 F.Supp.2d 1347 (CIT 2014)

PAPIERFABRIK AUGUST KOEHLER SE, Plaintiff,

v.

UNITED STATES, Defendant,

and

APPLETON PAPERS INC., Defendant-Intervenor

No. 13-00163

United States Court of International Trade

July 28, 2014

Defendant-intervenor's motions to strike are denied.

F. Amanda DeBusk, Matthew R. Nicely, John F. Wood, Eric S. Parnes, Lynn G. Kamarck, and Alexandra B. Hess, Hughes Hubbard & Reed LLP, of Washington, DC, for plaintiff.

Joshua E. Kurland, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant. With him on the brief were Stuart F. Delery, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. Of counsel on the brief was Jessica M. Forton, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.

Daniel L. Schneiderman and Gilbert B. Kaplan, King & Spalding LLP, of Washington, DC, for defendant-intervenor.

OPINION

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OPINION and ORDER

Nicholas Tsoucalas, Senior Judge.

Before the court are two motions to strike filed by defendant-intervenor Appvion, Inc.¹ (" Appvion" ). Appvion moves pursuant to USCIT Rule 12(f) to strike certain information in plaintiff Papierfabrik August Koehler SE's (" Koehler" ) reply brief and to strike the Notice of Supplemental Authority Koehler filed on July 2, 2014, arguing that the contested information in both documents was not on the administrative record before defendant United States Department of Commerce (" Commerce" ) during the third administrative review (" AR3" ) of lightweight thermal paper (" LWTP" ) from Germany.² See Def.-Int.'s Mot. to Strike Information in Pl.'s Reply Br., ECF No. 106 (June 24, 2014) (" First Motion to Strike" ); Def.-Int.'s Mot. to Strike Pl.'s Notice of Supplemental Auth., ECF No. 111 (July 7, 2014) (" Second Motion to Strike" ). Commerce supports Appvion's motions. See Def.'s Consolidated Resp. to Appvion's Mot. to Strike and to Koehler's Notices of Supplemental Auth., ECF No. 114 at 1-2 (July 10, 2014). Koehler opposes both of Appvion's motions to strike. See Resp. to Def.-Int.'s Mot. to Strike Information in Pl.'s Reply Br., ECF No. 108 at 1 (July 2, 2014); Resp. to Def.-Int.'s Mot. to Strike

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Pl.'s Notice of Supplemental Auth., ECF No...