Applied Research Laboratories v. United States

70 Cust. Ct. 321
CourtUnited States Customs Court
DecidedJanuary 8, 1973
DocketC.R.D. 73-2; Court Nos. 70/35368, etc.
StatusPublished
Cited by3 cases

This text of 70 Cust. Ct. 321 (Applied Research Laboratories v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Applied Research Laboratories v. United States, 70 Cust. Ct. 321 (cusc 1973).

Opinion

Boe, Chief Judge:

Pursuant to Rule 14.6(e) of the United States Customs Court, Stein and Shostak, attorneys for the plaintiffs, who in their moving papers refer to themselves as “attorneys for plaintiffs in numerous cases which may not have been voluntarily removed from the October, 1970 Reserve File of the United States Customs Court on or before October 31, 1972”, request this court to enter their order in the alternative as follows:

1. Stay the clerk of the court from entering an order of dismissal of their cases presently on the October 1970 Reserve File until June 30, 1973.

2. Transfer all of their cases presently on the October 1970 Reserve File to Special Disposition Calendars at the respective ports of entry for disposition for June 30,1973.

3. Grant an extension of time to February 28, 1973 with respect to their cases on the October 1970 Reserve File.

Although the rules of this court neither contemplate nor provide for the successive and repetitious responsive pleadings which have been gratuitously transmitted to the court by plaintiffs and defendant in connection with this motion, all of the same have been received and duly considered by the court in its determination of this matter.

The motion in question originally was presented in behalf of a designated plaintiff, above named, with a “blanket” reference only to unidentified other “numerous cases”, which it was alleged were also included in the October 1970 Reserve File. No definitive enumeration [322]*322of cases, by name or by number, for which, the law firm of Stein and Shostak seeks an extension of time was provided to this court. No attempt was made to provide this court with facts and reasons justifying the relief sought as it might pertain to the respective individual cases. Bather, a “blanket” extension of time was requested with respect to all cases in the October 1970 Beserve File in which the firm of Stein and Shostak serves as attorneys. The election to proceed in such a generalized manner has been made, notwithstanding the admonition to the contrary made by the chief judge of this court to representatives of the Customs Bar, including a representative of the law firm of Stein and Shostak on at least two occasions prior to the expiration date of the October 1970 Beserve File, to wit — October 31, 1972.

However, incorporated as part of a response subsequently made to the “Defendant’s Opposition to Plaintiff’s Motion”, counsel for plaintiffs have submitted two schedules. Schedule A represents cases in the October 1970 Beserve File, all of which counsel for plaintiffs wish to voluntarily abandon. Schedule B represents a list of cases in the October 1970 Beserve File, some of which counsel have indicated thereon their desire to voluntarily abandon. It appears, therefore, that the remaining cases listed on schedule B, not designated by counsel for plaintiffs as abandoned, represent all of the “numerous cases” referred to, but unidentified in the original motion. Although the timeliness of counsel’s submission of these schedules may be questioned, the court is inclined to accept the same as though the said cases had been so identified in the initial motion.

The motion presented to this court is predicated upon two grounds:

1. The law firm of Stein and Shostak was prejudiced by the fact that “calendar pages” or what otherwise might be termed as a schedule of cases in the October 1970 Beserve File belonging to the law firm was not received from the clerk of this court until several months after October 1970.

2. That the business and caseload of the law firm were so extensive and voluminous as to preclude the attorneys from performing their work within the period of time relating to the October 1970 Beserve File provided by the rules of this court, to wit — two (2) years.

In the interest of brevity the plaintiffs’ first contention may be dismissed with only limited comment. For counsel to state to this court that they were without knowledge as to the identity or number of their cases on the October 1970 Beserve File constitutes an admission that is, indeed, specious, if not incredible.

The Customs Courts Act of 1970 enacted by the Congress of the United States and the implementing rules adopted by this court became effective October 1, 1970. Buie 14.9(c) provides:

[323]*323“Trials Not Commenced: All actions in which trials have not commenced, prior to October 1,1970 shall, as of that date and for purposes of this rule, be deemed to be in one of the following two subcategories:
(1) Actions listed or scheduled to be listed on court calendars. Such actions shall be removed from the calendars on which they are listed or scheduled to be listed, placed in a reserve file in accordance with Rule 14.6, and be deemed to have commenced on October 1,1970 * * *.”

Rule 14.6 relating to the reserve file provides:

“(b) Removal from Reserve File: An action may be removed from the reserve file: (1) upon the filing of a complaint pursuant to Rule 4.4; or (2) upon the granting of a motion for consolidation pursuant to Rule 10.3 or for suspension pursuant to Rule 14.7(b); or (3) upon submission of the action to the court for decision upon an agreed statement of facts pursuant to Rule 8.1.”
“(c) Dismissal for Lack of Prosecution: An action which is not removed from the reserve file within a period of 2 years shall be dismissed for lack of prosecution, and in the absence of the -filing of a motion under paragraph (e) of this rule, the clerk shall enter an order of dismissal without further direction of the court. The applicable 2-year period shall begin to run from the last day of the month in which the action is commenced, and shall end on the last day of the 24th month thereafter.”

The transmittal of “calendar pages”, as referred to by counsel, was a voluntary and gratuitous act of cooperation on the part of the clerk of this court and was neither contemplated nor required by the rules of the court. It must be presumed that a law firm would have knowledge of the total number of untried cases in which they served as counsel which were pending as of October 1, 1970, and accordingly, which were deemed to be on the October 1970 Reserve File, pursuant to the rules of the court aforecited.

Turning our attention to the second ground upon which counsel predicate their motion, we are confronted with a problem which strikes at the very core of our present American judicial process. Repeatedly, we are reminded of the backlog of cases in the courts throughout our country. The word “delay” is rapidly becoming synonymous with the trial of civil as well as criminal cases.

It becomes the function and the responsibility of the court, therefore, to closely supervise the respective calendars and dockets to the end that congestion and resulting inexorable delays can be avoided.

In the case of Link v. Wabash Railroad Co., 370 U.S. 626, 8 L.Ed.2d 734, 82 S. Ct. 1386 (1962), the United States Supreme Court stated:

“The authority of a federal trial court to dismiss a plaintiff’s action with prejudice because of his failure to prosecute cannot seriously be doubted. The power to invoke this sanction is neces[324]

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70 Cust. Ct. 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applied-research-laboratories-v-united-states-cusc-1973.