Attorneys Ask Trade Court to Set Aside Dismissal Over Missed Deadline
Attorneys for RH Peterson asked the Court of International Trade to set aside a dismissal entered by the court clerk on June 3, which cited "lack of prosecution" as a reason for dismissal following a missed filing deadline by the importer. RH Peterson's attorneys said that they believed the filing deadline to avoid the dismissal was at the end of June, according to a June 6 motion to reinstate the case (RH Peterson Co. v. United States, CIT # 20-00099).
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The confusion stemmed from a misunderstanding that the case would remain on the Customs Case Management Calendar for another 30 days and the motion says that "counsel misinterpreted the deadline as a 30 day reminder" that the firm keeps to prevent missed court deadlines. Exacerbating the problem was the need for emergency medical treatment and a hospital stay by one of RH Peterson's attorneys.
RH Peterson said that there has been "no neglect" of the case and cites its continued communication with government counsel over the past month on the issue of filing a motion for time extension to remain on the court calendar. The motion said that the mistake is an "isolated instance" and not part of a pattern of repeated missed filings. According to the motion, DOJ has said it defers "to the discretion of the Court" and that, "the Government will not be prejudiced if the case is reinstated... ."