Hilex Poly Company LLC et al v. Chicoeco Inc

Filing 49

ORDER finding that documents relating to the antidumping petitions filed by Hilex Poly and others before the U.S. International Trade Commission and the U.S. Department of Commerce are discoverable and that they may lead torelevant evidence in this case. Signed by Honorable Joseph F Anderson, Jr on 09/01/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Hilex Poly Company, LLC, Superbag Operating, Ltd., and Advance Polybag, Inc., ) ) ) ) Plaintiffs, ) ) v. ) ) ChicoEco, Inc. d/b/a ChicoBag, ) ) Defendant. ) ____________________________________) C.A. No.: 3:11-cv-00116-JFA ORDER In a case pending before this Court, Defendant ChicoEco, Inc. (“ChicoBag”) has requested from the Plaintiff Hilex Poly Company, LLC (“Hilex Poly”) documents relating to the antidumping petitions filed by Hilex Poly and others before the U.S. International Trade Commission and the U.S. Department of Commerce against importers of polyethylene retail carrier bags from Indonesia, Taiwan, Vietnam, China, Malaysia, and Thailand. Specifically, ChicoBag has requested a transcript of the closed session before the ITC and an unredacted report prepared by the ITC regarding these petitions. Hilex Poly has indicated that it is unable to produce such documents because it does not have access to them, but Hilex Poly has informed the court that it consents to ChicoBag’s attempt to attain these documents from other sources. This Court finds that the requested documents are discoverable and that they may lead to relevant evidence in this case. IT IS SO ORDERED. September 1, 2011 Columbia, South Carolina Joseph F. Anderson, Jr. United States District Judge