Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that specific shipment information filed by importers subject to the Beef Hormone Implementation Directive, which was put in place on 27 specific European products in retaliation for the ban of American beef, is protected by Exemption 4 (confidential business information). Collyer's ruling was made considerably easier because an essentially identical case had already been decided in favor of Customs and Border Protection in Gilda Industries v. U.S. Customs & Border Protection Bureau, 457 F. Supp. 2d 6 (D.D.C. 2006). Collyer noted that the plaintiff "requests the same type of information that the importer sought in Gilda. The information in question when combined with publicly available vessel manifest information, would provide companies with valuable knowledge regarding competitors' business operations. Although the [plaintiff] argues that there is no danger of competitive harm because it is a periodic publication and not a competitor of any importer, the publication of the information it seeks would cause the same type of competitive injury as release of the information to a competing importer. . .[T]he Court is satisfied that the specific information at issueâ€"importer names and addresses paired with [] data revealing the specific goods contained in particular shipmentsâ€"could be used to gain a significant competitive edge over the 244 importers who submitted the information. Moreover, given the fact that the [plaintiff] seeks names and addresses of importers subject to the Beef Hormone Directive, CBP cannot segregate the information in a way that would eliminate the likelihood of competitive injury." The plaintiff argued that the information was available to subscribers of the Port Import Export Reporting Service. Collyer noted the plaintiff had the initial burden of showing that information was already in the public domain. She observed that "according to the [plaintiff], PIERS obtains information from vessel manifests. Vehicle manifest information is public information, provided by the carrier and not the importer. It is less detailed and less reliable than the Entry and Entry Summary information provided by an importer. In sum, the [plaintiff] has failed to show that the PIERS information is identical to the information it seeks in this FOIA action."
Issues: Exemption 4 - Competitive harm

Date Filed	Doc #	Docket Text
2008-03-20	1	COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 350, receipt number 4616011147) filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 03/20/2008)
2008-03-20	2	NOTICE OF RELATED CASE by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. Case related to Case No. 04-1648. (tg, ) (Entered: 03/20/2008)
2008-03-20	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER (tg, ) (Entered: 03/20/2008)
2008-03-20		Summons (3) Issued as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 03/20/2008)
2008-04-04	4	NOTICE of Appearance by Judith A. Kidwell on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Kidwell, Judith) (Entered: 04/04/2008)
2008-04-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served on 3/28/2008, answer due 5/27/2008 (Herrick, Peter) Modified to reflect party served on 4/10/2008 (tg, ). (Entered: 04/09/2008)
2008-05-01	6	ANSWER to 1 Complaint by U.S. CUSTOMS AND BORDER PROTECTION. Related document: 1 Complaint filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER.(Kidwell, Judith) (Entered: 05/01/2008)
2008-05-02		MINUTE ENTRY ORDER. Parties are directed to submit a joint proposed dispositive motion briefing schedule no later than May 23, 2008. Signed by Judge Rosemary M. Collyer on 5/2/08. (lcrmc2) (Entered: 05/02/2008)
2008-05-02		Set/Reset Deadlines: Joint Proposed Dispositive Motion Briefing Schedule due by 5/23/2008. (cdw) (Entered: 05/02/2008)
2008-05-19	7	STIPULATION Proposed Joint Briefing Schedule by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER, U.S. CUSTOMS AND BORDER PROTECTION. (Kidwell, Judith) (Entered: 05/19/2008)
2008-05-20		MINUTE ENTRY ORDER approving the parties' Proposed Joint Briefing Schedule 7 . It is hereby ORDERED that Defendant shall file a dispositive motion no later than June 30, 2008; Plaintiff shall file an opposition/cross-motion no later than July 15, 2008; Defendant shall file an opposition/reply no later than July 30, 2008; and Plaintiff may file a reply no later than August 15, 2008. Signed by Judge Rosemary M. Collyer on 5/20/08. (lcrmc2) (Entered: 05/20/2008)
2008-06-30	8	MOTION to Dismiss or Alternatively, Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration Suzuki Declaration and Exhibits)(Kidwell, Judith) (Entered: 06/30/2008)
2008-06-30	9	MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (tg, ) (See Docket Entry number 8 to view document). (Entered: 07/01/2008)
2008-07-14	10	Memorandum in opposition to re 8 MOTION to Dismiss or Alternatively, Motion for Summary Judgment , 9 MOTION for Summary Judgment filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (Attachments: # 1 Statement Of Material Facts As To Which There Is A Genuine Issue, # 2 Memorandum Of Points And Authorities, # 3 Declaration of Peter S. Herrick, # 4 Piers Declaration, # 5 Order)(Herrick, Peter) (Entered: 07/14/2008)
2008-07-15	11	MOTION for Summary Judgment by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER (Attachments: # 1 Plaintiff's Statement Of Material Facts As To Which There Are No Genuine Issues, # 2 Memorandum Of Points And Authorities, # 3 Declaration of Peter S. Herrick, # 4 Piers Declaration, # 5 Order)(Herrick, Peter) (Entered: 07/15/2008)
2008-07-24	12	Consent MOTION for Extension of Time to File Response/Reply by U.S. CUSTOMS AND BORDER PROTECTION (Kidwell, Judith) (Entered: 07/24/2008)
2008-07-24		MINUTE ENTRY ORDER granting 12 Defendant's Motion for Extension of Time. Defendant shall file its opposition/reply no later than August 12, 2008. It is further ordered that Plaintiff shall file its reply no later than September 1, 2008. Signed by Judge Rosemary M. Collyer on 7/24/08. (lcrmc2) (Entered: 07/24/2008)
2008-07-24		Set/Reset Deadlines/Hearings: Defendant's response due by 8/12/2008. Plaintiff's Reply due by 9/1/2008. (cdw) (Entered: 07/25/2008)
2008-08-12	13	MOTION to Strike In Part, the Declarations of Peter S. Herrick and the PIERS Declarations by U.S. CUSTOMS AND BORDER PROTECTION (Kidwell, Judith) (Entered: 08/12/2008)
2008-08-12	14	REPLY to opposition to motion re 8 MOTION to Dismiss, 9 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION. (Kidwell, Judith) Modified to correct linkage on 8/13/2008 (tg, ). (Entered: 08/12/2008)
2008-08-12	15	RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS AS TO WHICH THERE ARE NO GENUINE ISSUES re 14 REPLY/OPPOSITION filed by U.S. CUSTOMS AND BORDER PROTECTION. (Kidwell, Judith) Modified to add linkage on 8/13/2008 (tg, ). (Entered: 08/12/2008)
2008-08-12	16	Memorandum in opposition to 11 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION. (tg, ) (See Docket Entries 14 and 15 to view document) (Entered: 08/13/2008)
2008-08-15	17	Memorandum in opposition to re 13 MOTION to Strike In Part, the Declarations of Peter S. Herrick and the PIERS Declarations filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Order)(Herrick, Peter) (Entered: 08/15/2008)
2008-08-18	18	REPLY re 16 Memorandum in Opposition filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (Herrick, Peter) (Entered: 08/18/2008)
2008-08-25	19	REPLY to opposition to motion re 13 MOTION to Strike In Part, the Declarations of Peter S. Herrick and the PIERS Declarations filed by U.S. CUSTOMS AND BORDER PROTECTION. (Kidwell, Judith) (Entered: 08/25/2008)
2008-11-20	20	NOTICE OF SUPPLEMENTAL AUTHORITY by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER (Attachments: # 1 Exhibit)(Herrick, Peter) (Entered: 11/20/2008)
2008-12-09	21	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 12/9/08. (KD) (Entered: 12/09/2008)
2008-12-09	22	ORDER denying as moot 8 Defendant's Motion to Dismiss; granting 9 Defendant's Motion for Summary Judgment; denying 11 Plaintiff's Motion for Summary Judgment; and denying as moot 13 Defendant's Motion to Strike. Signed by Judge Rosemary M. Collyer on 12/9/08. (KD) (Entered: 12/09/2008)
2008-12-11	23	MOTION to Alter Judgment as to 22 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,,,, Order on Motion to Strike, And/Or Relief From A Judgment Or Order by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Herrick, Peter) (Entered: 12/11/2008)
2008-12-11	24	Consent MOTION for Extension of Time to File Response/Reply by U.S. CUSTOMS AND BORDER PROTECTION (Kidwell, Judith) (Entered: 12/11/2008)
2008-12-12		MINUTE ORDER granting 24 Defendant's Motion for Extension of Time. Defendant shall file its opposition to 23 Plaintiff's Motion to Alter or Amend Judgment no later than January 12, 2009. Signed by Judge Rosemary M. Collyer on 12/12/08. (lcrmc2) (Entered: 12/12/2008)
2009-01-12	25	Memorandum in opposition to re 23 MOTION to Alter Judgment as to 22 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,,,, Order on Motion to Strike, And/Or Relief From A Judgment Or Order MOTION to Alter Judgment as to 22 Order on Motion to Dismiss,, Order on Motion for Summary Judgment,,,, Order on Motion to Strike, And/Or Relief From A Judgment Or Order filed by U.S. CUSTOMS AND BORDER PROTECTION. (Kidwell, Judith) (Entered: 01/12/2009)
2009-01-20	26	REPLY re 25 Memorandum in Opposition, filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (Herrick, Peter) (Entered: 01/20/2009)
2009-01-22	27	ORDER denying 23 Plaintiff's Motion to Alter Judgment. This case is closed. Signed by Judge Rosemary M. Collyer on 1/22/09. (KD) (Entered: 01/22/2009)
2009-03-23	28	NOTICE OF APPEAL by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. Filing fee $ 455, receipt number 00900000000001792618. Fee Status: Fee Paid. Parties have been notified. (Herrick, Peter) (Entered: 03/23/2009)
2009-03-23		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 28 Notice of Appeal (rdj) (Entered: 03/24/2009)
2009-03-25		USCA Case Number 09-5095 for 28 Notice of Appeal filed by CUSTOMS & INTERNATIONAL TRADE NEWSLETTER. (rdj) (Entered: 03/26/2009)
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