Orleans International, Inc. v. United States

ORDER

Upon consideration of plaintiffs motion for rehearing, defendant’s response thereto, a conference with the parties, and all other papers and proceedings had herein, it is hereby:

ORDERED that plaintiffs motion for rehearing with regard to subject matter jurisdiction is DENIED;

ORDERED that the Court’s decision in Slip Op. 02-49 and its Order, dated June 3, 2002, holding that the United States Court of International Trade does not possess subject matter jurisdiction pursuant to 28 U.S.C. § 1581(i) over this case is AFFIRMED;

ORDERED that the Court’s decision in Slip Op. 02-49 and its Order, dated June 3, 2002, is VACATED to the extent it denies plaintiffs motion to transfer this action to the district court and dismisses this action;

ORDERED that this Court, on the consent of the parties, RESERVES judgment at this time on plaintiffs motion to transfer this action to the district court; and it is further

ORDERED that this Court, on the consent of the parties, CERTIFIES pursuant to 28 U.S.C. § 1292(d)(1) the following:

This order includes a controlling question of law with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from this order may materially advance the ultimate termination of this litigation. That question is:

Whether the Court was correct in determining that the United States Court of International Trade does not possess subject matter jurisdiction pursuant to 28 U.S.C. § 1581(f) over plaintiffs constitutional challenge to the beef assessments applied to plaintiffs imports of beef and beef products pursuant to the *1356 Beef Promotion and Research Act of 1985, 7 U.S.C. §§ 2901-11.