Jimenez v. Otter Products, LLC et al

Filing 95

ORDER DISMISSING CASE, by Judge Raymond P. Moore on 4/28/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 11-cv-02937-RM-MJW
UNITED STATES OF AMERICA,
ex rel. BONNIE M. JIMENEZ,
Plaintiff,
v.
OTTER PRODUCTS, LLC d/b/a OTTERBOX, a Colorado corporation,
Defendant.
ORDER
THIS MATTER is before the Court on the Joint Stipulation of Dismissal of Case (ECF
No. 92) filed pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) and 31 U.S.C. § 3730(b)(1). Upon
consideration of the Joint Stipulation, the United States’ Notice of Consent (ECF No. 94), the
representation of the parties, the Court file, and the applicable rules, statute and law, the Court
finds the requirements for dismissal have been met and good cause has been shown.
Accordingly, the Court consents to the dismissal and ORDERS that
1.

All claims in this civil action are hereby dismissed, with prejudice, as to Relator

Bonnie M. Jimenez;
2.

All claims in this civil action are dismissed, with prejudice, as to the United States

to the extent they allege that:

a. From January 1, 2006 through December 31, 2011, OtterBox knowingly omitted
the value of assists, as defined by 19 U.S.C. § 1401a(h)(1), from the dutiable
value it declared to Customs on the entry documents it submitted to Customs for
merchandise OtterBox imported from January 1, 2006 through December 31,
2011, and thus, OtterBox knowingly underpaid the customs duties it owed to the
United States on that merchandise; and
b. OtterBox knowingly made or caused to be made false statements in other
documents submitted to Customs concerning the value of assists, and the customs
duties OtterBox owed on the value of assists, for merchandise OtterBox imported
between January 1, 2006 through December 31, 2011, and thus, OtterBox
knowingly underpaid the customs duties it owed to the United States on that
merchandise; and
3.

Any other claims in this civil action are dismissed, without prejudice, as to the

United States.
DATED this 28th day of April, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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