United States v. 4,432 Mastercases of Cigarettes

ORDER GRANTING IN PART CLAIMANT’S MOTION FOR ATTORNEYS’ FEES AND COSTS

ORDER GRANTING MOTION FOR SANCTIONS

This matter is before the Court on Claimant Intrigue Trading, Inc.’s (“Intrigue”) Motion for Attorneys’ Fees and Costs (docket no.123), filed February 26, 2004 and on Third-Party Defendant Kin-tetsu Intermodal (U.S.A.), Inc.’s, d.b.a. Port Services Logistics Co. Foreign Trade Zone 202 (“Port”), Motion for Sanctions (docket no. 146), filed May 11, 2004. The Court deems this matter appropriate for decision without oral argument. See Fed. R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for June 14, 2004, is removed from the Court’s calendar. For the reasons set forth below, the Court hereby grants in part Claimant’s Motion for Attorneys’ Fees and Costs and hereby grants Port’s Motion for Sanctions.

I. Procedural Background

On December 27, 2002, Plaintiff United States filed a First Amended Complaint (“FAC”) for forfeiture in rem of Defendant 4,432 Mastercases of Cigarettes (“Cigarettes”). The FAC alleged eight claims for forfeiture of the Cigarettes: (1) the Cigarettes were imported in violation of the Foreign Trade Zone Act; (2) the Cigarettes were marked…