Aluminum Extrusions Fair Trade Committee v. United States, 080818 USCIT, 17-00179

Docket Nº:17-00179, Slip Op. 18-96
Opinion Judge:TIMOTHY C. STANCEU, CHIEF JUDGE.
Party Name:ALUMINUM EXTRUSIONS FAIR TRADE COMMITTEE, Plaintiff, v. UNITED STATES, Defendant, and INNOVATIVE OUTDOOR SOLUTIONS, INC., Defendant-Intervenor.
Attorney:Robert E. DeFrancesco, III, Wiley Rein LLP, of Washington, D.C., for plaintiff Aluminum Extrusions Fair Trade Committee. With him on the motion were Alan H. Price and Derick G. Holt. Aimee Lee, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Wash...
Judge Panel:Before: Timothy C. Stanceu, Chief Judge
Case Date:August 08, 2018
Court:Court of International Trade
 
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ALUMINUM EXTRUSIONS FAIR TRADE COMMITTEE, Plaintiff,

v.

UNITED STATES, Defendant,

and

INNOVATIVE OUTDOOR SOLUTIONS, INC., Defendant-Intervenor.

No. 17-00179

Slip Op. 18-96

Court of Appeals of International Trade

August 8, 2018

Denying plaintiff's motion for a stay of proceedings and enlarging the time period for the filing of plaintiff's motion for judgment on the agency record

Robert E. DeFrancesco, III, Wiley Rein LLP, of Washington, D.C., for plaintiff Aluminum Extrusions Fair Trade Committee. With him on the motion were Alan H. Price and Derick G. Holt.

Aimee Lee, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for defendant. With her on the memorandum in opposition were Chad A. Readler, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director. Of counsel on the memorandum in opposition was Jessica R. DiPietro, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce.

Richard P. Ferrin, Drinker Biddle & Reath LLP, of Washington, D.C., for Defendant-Intervenor Innovative Outdoor Solutions, Inc. With him on the memorandum in opposition was Douglas J. Heffner.

Before: Timothy C. Stanceu, Chief Judge

OPINION AND ORDER

TIMOTHY C. STANCEU, CHIEF JUDGE.

Stanceu, Chief Judge: Plaintiff Aluminum Extrusions Fair Trade Committee (the "Committee"), [1] requests that the court stay proceedings in this action until thirty days following the final resolution of two cases that, at the time of the motion, were pending before the Court of Appeals for the Federal Circuit ("Court of Appeals"). Mot. to Stay Proceedings Pending Final Resolution of Ct. of Appeals for the Fed. Cir. Case Nos. 16-2657 and 17-1117 and Consent Mot. for an Extension of Time to File Pl.'s Rule 56.2 Mot. and Supp. Brief 1, 8 (Feb. 13, 2018), ECF No. 24 ("Mot. to Stay"). Specifically, plaintiff requests a stay of further proceedings in this action pending final resolution of the litigation in Meridian Prods., LLC v. United States (Ct. No. 13-00246) ("Meridian"), and Whirlpool Corp. v. United States (Ct. No. 14-00199) ("Whirlpool"). See Mot. to Stay 1-2.

Plaintiff requests, should the court deny the motion to stay, an extension of ten days from the date of the court's decision to file a Rule 56.2 motion for judgment on the agency record and supporting...

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