United States v. G.Y.C. Trading, Inc.

Court of International Trade

United States v. G.Y.C. Trading, Inc.

23 Ct. Int'l Trade 894, 77 F. Supp. 2d 1326, 1999 CIT 123, 23 C.I.T. 894, 22 I.T.R.D. (BNA) 1030, 1999 Ct. Intl. Trade LEXIS 117

CourtUnited States Court of International Trade

DecidedNovember 17, 1999

DocketSlip Op. 99-123; Court 96-08-01916

StatusPublished

This text of 23 Ct. Int'l Trade 894 (United States v. G.Y.C. Trading, Inc.) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. G.Y.C. Trading, Inc., 23 Ct. Int'l Trade 894, 77 F. Supp. 2d 1326, 1999 CIT 123, 23 C.I.T. 894, 22 I.T.R.D. (BNA) 1030, 1999 Ct. Intl. Trade LEXIS 117 (cit 1999).

Pincite

Opinion

ORDER

WALLACH, Judge.

Plaintiff has filed with this Court its Motion To Dismiss And Motion To Cancel Status Conference. (“Plaintiffs Motion”). The Court having reviewed the pleadings and papers on file herein, and good cause appearing therefor, it is hereby

ORDERED that Plaintiffs Motion is denied on the grounds that Plaintiffs Motion “respectfully requests the Court to dismiss this action” pursuant to USCIT R. 41(a)(1)(A). USCIT R. 41(a)(1)(A) does not give the Court the authority to dismiss an action, but places this power solely within the discretion of plaintiffs. In relevant part, USCIT R. 41(a)(1) provides that *1327 “an action may be dismissed by the plaintiff without order of court (A) by filing a notice of dismissal which shall be substantially in the form set forth in Form 7 of the Appendix of Forms at any time before service by the adverse party of an answer or motion for summary judgment.”

ORDERED that, unless Plaintiff files a proper notice or motion before this Court on or before 5 p.m. Eastern Standard Time on December 6, 1999, the in-court status conference previously scheduled for Wednesday, December 8, 1999, beginning at 11 a.m. Eastern Standard Time, will continue to be held.

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ORDER

WALLACH, Judge.

Plaintiff has filed with this Court its Motion To Dismiss And Motion To Cancel Status Conference. (“Plaintiffs Motion”). The Court having reviewed the pleadings and papers on file herein, and good cause appearing therefor, it is hereby

ORDERED that Plaintiffs Motion is denied on the grounds that Plaintiffs Motion “respectfully requests the Court to dismiss this action” pursuant to USCIT R. 41(a)(1)(A). USCIT R. 41(a)(1)(A) does not give the Court the authority to dismiss an action, but places this power solely within the discretion of plaintiffs. In relevant part, USCIT R. 41(a)(1) provides that *1327 “an action may be dismissed by the plaintiff without order of court (A) by filing a notice of dismissal which shall be substantially in the form set forth in Form 7 of the Appendix of Forms at any time before service by the adverse party of an answer or motion for summary judgment.”

ORDERED that, unless Plaintiff files a proper notice or motion before this Court on or before 5 p.m. Eastern Standard Time on December 6, 1999, the in-court status conference previously scheduled for Wednesday, December 8, 1999, beginning at 11 a.m. Eastern Standard Time, will continue to be held.

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Bluebook (online)

23 Ct. Int'l Trade 894, 77 F. Supp. 2d 1326, 1999 CIT 123, 23 C.I.T. 894, 22 I.T.R.D. (BNA) 1030, 1999 Ct. Intl. Trade LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gyc-trading-inc-cit-1999.