Am. Furniture Mfrs. Comm. for Legal Trade v. United States

2010 CIT 19

Opinion

Slip Op. 10-19 UNITED STATES COURT OF INTERNATIONAL TRADE _____________________________________ : AMERICAN FURNITURE : MANUFACTURERS COMMITTEE FOR : LEGAL TRADE and VAUGHN-BASSETT : FURNITURE COMPANY, INC. : : Plaintiffs, : : Before: WALLACH, Judge v. : Court No.: 10-00031 : UNITED STATES et al. : : Defendants, : ____________________________________ :

ORDER

Upon consideration of Plaintiffs’ Motion for Temporary Restraining Order and Preliminay [sic] Injunction, Plaintiffs’ Motion for Expedited Declaratory Judgment or, in the Alternative, Emergency Injunctive Relief, and Defendants’ Motion to Dismiss; the court having reviewed all papers and pleadings on file herein, having heard oral argument by each party, and, after due deliberation, having reached a decision set forth in Slip Op. 10-18; now, in conformity with said decision, it is hereby

ORDERED that Plaintiffs’ Motion for Temporary Restraining Order and Preliminay [sic] Injunction is DENIED, and it is further

ORDERED that Plaintiffs’ Motion for Expedited Declaratory Judgment or, in the Alternative, Emergency Injunctive Relief is DENIED; and it is further

ORDERED, ADJUDGED, AND DECREED that pursuant to the analysis set forth in the court’s decision in Slip Op. 10-18, Plaintiffs’ Complaint fails, pursuant to USCIT R. 12(b)(5) to state a claim upon which relief can be granted, and that accordingly, Defendants’ Motion to Dismiss be, and hereby is, GRANTED; and it is further

ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ Complaint be, and hereby is, DISMISSED.

__/s/ Evan J. Wallach____ Evan J. Wallach, Judge Dated: February 17, 2010 New York, New York