Kairali Decan, Inc v. United States Customs and Border Protection et al

Filing 28

STIPULATION AND ORDER TO TRANSFER ACTION TO FEDERAL COURT OF CLAIMS AND VACATE ALL PENDING DATES IN THIS ACTION IN THIS COURT. The Court will transfer the action to the Court of Federal Claims 60 days from the date of this order. All dates scheduled for further action in this case, including the Case Management Conference on December 19, 2008, are vacated. Signed by Judge Maxine M. Chesney on December 11, 2008. (mmclc2, COURT STAFF) (Filed on 12/11/2008)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954 ) [e-mail] Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] Attorneys for Defendant United States Customs and Border Protection

8 9 10 11 12 KAIRALI DECAN, INC, 13 Plaintiff, 14 v. 15 16 17 18 IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of 19 the Court, that the above-entitled action should be transferred to the United States Federal Court 20 of Claims and that all pending dates in the above-entitled action should be vacated pending the 21 transfer of this action to the United States Federal Court of Claims. 22 The parties make this stipulation in light of the fact that Plaintiff seeks to recover more than 23 $10,000 from Defendant and under 28 U.S.C. Section 1346 (commonly called the "Little Tucker 24 Act) a district court has concurrent jurisdiction with the Federal Court of Claims for certain 25 monetary claims against the United States not exceeding $10,000. The Court of Federal Claims 26 possesses exclusive jurisdiction over certain monetary claims against the United States in excess 27 of $10,000. Section 1631 of Title 28 authorizes this Court to transfer the above-entitled action to 28
STIPULATION AND [PROPOSED] ORDER TO TRANSFER ACTION AND VACATE DATES C 08-3065 MM C

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) No. 08-3065 MMC STIPULATION AND [PROPOSED] ORDER TO TRANSFER ACTION TO FEDERAL COURT OF CLAIMS AND TO VACATE ALL PENDING DATES IN THIS ACTION IN THIS COURT

UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendant.

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the Court of Federal Claims and the parties stipulate that it would be "in the interest of justice" for the case to be transferred to the Court of Federal Claims rather than dismissed. The parties further request that the Court vacate all pending dates in the above-entitled action in light of the stipulation to transfer the action to the Court of Federal Claims. This request is made to avoid unnecessary expenses and is consistent with the spirit of 28 U.S.C. Section 1292(d)(4)(B), a statute which provides that further proceedings shall not be taken in a district court until 60 days after the court has ruled on a motion to transfer an action to the Court of Federal Claims.. DATED: December 10, 2008 By: _____/s/________________________ JOHN M. DALEY Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney DATED: December 10, 2008 By: _____/s/ _______________________ MICHAEL T. PYLE Assistant United States Attorney Attorneys for Federal Defendant

9 10 11 12 13 14 15 16 17 18 2008) are hereby vacated. 19 20 21 22 23 24 25 26 27 28 DATED: December 11, 2008

PURSUANT TO STIPULATION, IT IS SO ORDERED: 60 days from the date of this order. The Court will transfer this action to the Court of Federal Claims. All dates scheduled for ^ further action in this case (including the further Case Management Conference on December 19,

_________________________________ HON. MAXINE M. CHESNEY United States District Judge

STIPULATION AND [PROPOSED] ORDER TO TRANSFER ACTION AND VACATE DATES 2 C 08-3065 MM C