UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`Before the Hon. Paul J. Luckern, Administrative Law Judge
`
`In the matter of:
`
`)
`1
`1
`CERTAIN AGRICULTURAL VEHICLES )
`AND COMPONENTS THEREOF
`)
`)
`
`Investigation No. 3 3 7-TA-487
`
`-
`
`d
`
`v)
`m
`a
`
`il) 52
`
`-
`xi3
`jL __ 1 33
`-4-7 -
`-,.. m
`
`DEERE’S MEMORANDUM OF POINTS AND AUTHORITIES
`
`-L
`A
`
`IN SUPPORT OF ITS MOTION TO HOLD CERTAIN RESPONDENTS a
`.. ---.
`
`DEFAULT FOR FAILURE TO ACT
`
`0
`By this motion, complainant seeks entry of default against those respondents who are
`
`impeding the orderly progress of this investigation and, at the same time, cause unnecessary
`
`complication of the hearing.
`
`In pertinent part, Rule 2 10.17 provides as follows:
`
`Failures to act . . . may provide a basis for the presiding
`administrative law judge or the Commission to draw adverse
`inferences and to issue findings of fact, conclusions of law,
`determination (including a determination on violation of section 33 7
`of the Tariff Act of 1930), and orders that are adverse to the party
`who fails to act. Such failures include . . .:
`* * * *
`
`(e) Failure to file a brief or other written submission
`requested by the administrative law judge or the Commission during
`an investigation . . .;
`
`* * * *
`
`(g) Failure to file a brief or other written submission
`requested by the administrative law judge or the Commission . . . .
`
`Agrideal, China America Imports, Lenar Equipment, LLC, Pacific Avenue Equipment,
`
`SamTrac Tractor and Equipment, Task Master Equipment LLC/Tractors Etc., each failed to file a
`
`
`Washington, D.C.
`
`Before the Hon. Paul J. Luckern, Administrative Law Judge
`
`In the matter of:
`
`)
`1
`1
`CERTAIN AGRICULTURAL VEHICLES )
`AND COMPONENTS THEREOF
`)
`)
`
`Investigation No. 3 3 7-TA-487
`
`-
`
`d
`
`v)
`m
`a
`
`il) 52
`
`-
`xi3
`jL __ 1 33
`-4-7 -
`-,.. m
`
`DEERE’S MEMORANDUM OF POINTS AND AUTHORITIES
`
`-L
`A
`
`IN SUPPORT OF ITS MOTION TO HOLD CERTAIN RESPONDENTS a
`.. ---.
`
`DEFAULT FOR FAILURE TO ACT
`
`0
`By this motion, complainant seeks entry of default against those respondents who are
`
`impeding the orderly progress of this investigation and, at the same time, cause unnecessary
`
`complication of the hearing.
`
`In pertinent part, Rule 2 10.17 provides as follows:
`
`Failures to act . . . may provide a basis for the presiding
`administrative law judge or the Commission to draw adverse
`inferences and to issue findings of fact, conclusions of law,
`determination (including a determination on violation of section 33 7
`of the Tariff Act of 1930), and orders that are adverse to the party
`who fails to act. Such failures include . . .:
`* * * *
`
`(e) Failure to file a brief or other written submission
`requested by the administrative law judge or the Commission during
`an investigation . . .;
`
`* * * *
`
`(g) Failure to file a brief or other written submission
`requested by the administrative law judge or the Commission . . . .
`
`Agrideal, China America Imports, Lenar Equipment, LLC, Pacific Avenue Equipment,
`
`SamTrac Tractor and Equipment, Task Master Equipment LLC/Tractors Etc., each failed to file a
`
`
`
`prehearing statement. Pursuant to Order No. 1, Ground Rule 9, a Pre-Hearing statement from
`
`“[elach party who desired to participate in the final hearing in this investigation” was required to be
`
`filed with the Office of the Secretary on or before the date ordered in the procedural schedule. Order
`
`No. 4 sets out that procedural schedule and required that the prehearing statement be submitted on
`
`September 9, 2003. None of these respondents filed and served the required submission.
`
`Furthermore, none of these respondents filed a list of direct exhibits or copies of any exhibits.
`
`As Ground Rule 9 provides, the prehearing statement is to includes names of witnesses, their
`
`order of presentation, their anticipated length of testimony, the exhibit list, a list of stipulations, and
`
`a statement of the issues to be considered at the hear setting out the party’s contentions on each
`
`proposed issue with particularity. Without that information from these respondents, complainant as
`
`well as the Staff are hobbled in their ability to respond to any such contentions, to identify rebuttal
`
`exhibits and witnesses, and the prepare to manage presentation of its case at the hearing.
`
`Complainant submits that it would be manifestly unfair to permit these respondents to
`
`continue having status in this investigation for the reasons stated.
`
`2
`
`
`
`Accordingly, complainant requests that a determination be entered against each of these
`
`respondents finding them in violation of section 337 of the Tariff Act of 1930 for the reasons set
`
`forth in the complaint.
`
`Respectfupy submitted,
`
`Bassa & N. Ibrahim
`
`Robe {Swecker
`
`Regis E. Slutter
`BURNS, DOANE, SWECKER & MATHIS, L.L.P.
`1737 King Street, Suite 500
`Alexandria, VA 223 14
`Telephone:
`(703) 836-6620
`Facsimile:
`(703) 836-2021
`
`Dated: September 1 1 , 2003
`
`COUNSEL FOR COMPLAINANT,
`DEERE & COMPANY
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that true copies of the DEERE'S MOTION AND MEMORANDUM
`OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER
`HOLDING CERTAIN RESPONDENTS IN DEFAULT FOR FAILURE TO ACT AND
`MOTION TO SHORTEN TIME FOR RESPONSE was served on this 11th day of September,
`2003 as follows:
`
`(The original and six copies)
`
`(Two copies)
`
`The Honorable Marilyn R. Abbott
`Secretary
`United States International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`The Honorable Paul J. Luckern
`Administrative Law Judge
`United States International Trade Commission
`500 E Street, S.W.
`Room 317
`Washington, D.C. 20436
`
`David 0. Lloyd, Esq.
`Office of Unfair Import Investigations
`United States International Trade Commission
`500 E Street, S.W.
`Room 401
`Washington, D.C. 20436
`
`
`
`Gary M. Hnath, Esq.
`Venable, Baetjer, Howard & Civiletti, LLP
`1201 New York Avenue, N.W.
`Suite 1000
`Washington, D.C. 20005-3917
`
`(Counsel for Respondents Dongfeng Agricultural Machinery Group and Jiangling Tractor Co .)
`
`David P. Miranda, Esq.
`HESLIN ROTHENBERG FARLEY & MESITI P. C.
`5 Columbia Circle
`Albany, NY 12203-5160
`
`(One COPY)
`
`(Counsel for Respondents Erntetechnik Franz Becker, Sunova Implement Co.,
`Bourdeau Bros., Inc., and OK Enterprises)
`
`William A. Zeitler, Esq.
`Thompson Coburn LLP
`1909 K Street, N.W.
`Suite 600
`Washington, D. C. 20006
`
`(Counsel for Respondents Co-Ag LLC, Fitzpatrick Farms, J & T Farms and Stanley Farm)
`
`Claud Ingram
`Attorney at Law
`4085 Sunset view
`Eugene, OR 97405
`
`(Counsel to Respondents China America Imports, Lenar Equipment, LLC and Task Master
`Equipment , LLC)
`
`Pacific Avenue Equipment
`10 15 Pacific Avenue
`Yakima, WA 98901
`
`
`
`BY FEDERAL EXPRESS : (Cont.)
`
`Sherrie Elhindi
`Sam Trac Tractor and Equipment
`3199 Plummers Lane, #13
`Chico, CA 95973
`
`L EXPRESS --INTERNAT IONAL SERVICE:
`
`Paul Legaignoux
`Agrideal
`Chemin des Perrines
`35500 Vitre
`France
`
`BY FIRST C LASS M AIL:
`
`John D. Pellegrin, Esq.
`Law Offices of John D. Pellegrin, P.C.
`9306 Old Keene Mill Road
`Burke, Virginia 22015
`
`(Letter only)
`
`(Counsel for Respondents Jiangsu Yueda Co.
`
`td. and Agracat, Inc.)
`
`Robert A. Parsons, Esq.
`Parsons & Goltry
`340 East Palm Lane
`Suite 260
`Phoenix, AZ 85004
`
`(Counsel to Respondent Workhorse Tractors)
`
`(Letter only)
`
`Davey-Joans Tractor & Chopper Supermarket
`980 SR 13 Box 173
`Williamstown, NY 13493
`
`(Letter only)
`
`
`
`Mr . Graham Slieker
`Bolton Power Equipment
`39 Whitcomb Road
`Bolton, MA 01740
`
`(Letter only)
`
`Diane C. Bridge
`
`L
`
`Y
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
