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1:16-mc-01001 - Ganz U.S.A., LLC et al v. United States


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1:16-mc-01001 - Ganz U.S.A., LLC et al v. United States
November 15, 2016
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Order entered on 11/15/2016, Slip Op. 16-105, ORDERED that the verified petition is GRANTED. ORDERED that the oral deposition of former U.S. Customs and Border Protection supervisory import specialist Lawrence J. Mruk is permitted under the following terms and conditions: 1. The deposition shall be conducted in Buffalo, New York, or in another location convenient to Mruk; 2. The deposition shall be conducted prior to January 17, 2017, on a date agreed to by the government, which agreement shall not be unreasonably withheld; 3. The deposition shall continue for no more than four hours of examination time, which is exclusive of breaks, intermissions or, if necessary, calls to the court to resolve issues; 4. The deposition shall be limited to Mruk's personal knowledge of or involvement with issues pertaining to this petition concerning the events of the period December 19, 2007, through May 1, 2011, including the issuance or implementation of Customs headquarters rulings H006576 and H026063. ORDERED that the verified petition is granted solely for the purpose of perpetuating testimony by deposition, as described herein. Other forms of discovery that would otherwise be available during litigation under USCIT Rule 26 are not permitted, but petitioners reserve the right to conduct discovery in future proceedings under USCIT Rule 26, subject to any restrictions a court may order. ORDERED that the testimony perpetuated in accordance with this order is to be used only in a judicial enforcement proceeding that the United States may bring against the petitioners, as described in the verified petition, or in another judicial proceeding as permitted by USCIT Rule 27(a)(4). No additional deposition of Mruk may be taken with regard to any area of inquiry identified in this order, except with leave of the court. (related document(s)1).(Taronji, Steve)