________________________________________ RECEIVED ) MAY 22 1247 PM '97 PHILIP R. KARN, JR. ) N. MAYER-WHITTENDON ) CLERK Plaintiff, ) U.S. DISTRICT COURT ) DISTRICT OF COLUMBIA [stamp] ) v. ) Civ. A. No. 95-1812 (LFO) ) (Judge Oberdorfer) U.S. DEPARTMENT OF STATE, et al. ) ) Washington, D.C. 20520 ) ) Defendants. ) ----------------------------------------)
The parties, through their undersigned counsel, hereby stipulate and agree as follows in connection with further proceedings in this action.
1. Plaintiff will submit to the Department of Commerce either a request for a Commodity Classification and/or an Advisory Opinion in accordance with 15 C.F.R. (paragraph) 748.3.
2. The Department will make a determination in response to the request within 30 calendar days (hereafter the "determination").
3. After receipt of the determination, plaintiff may appeal that administrative action with the Department of Commerce, in accordance with the procedures set forth in Part 756 of the EAR. Any such appeal would be decided within 45 days and would constitute final agency action.
4. Alternatively, after receipt of the determination, plaintiff may file a Supplemental Complaint in this action, pursuant to Rule 15(d) of the Federal Rules of Civil Procedure.
5. The Department of Commerce hereby stipulates that the initial determination issued in response to plaintiff's request shall be deemed final agency action, and that the plaintiff would not in this instance need to exhaust administrative remedies should he choose to file suit immediately and not appeal the determination administratively. This stipulation is limited to this determination only, for the sole purpose of expediting the disposition of this litigation, and would not be applicable to, or precedent for, any other determination by the Department under the EAR of any nature, sought by plaintiff or anyone else.
6. By choosing to file suit challenging the initial determination without taking any administrative appeals, plaintiff would thereby waive any right of appeal of the determination that he has under the EAR.
7. After plaintiff's Supplemental Complaint is filed, the defendants will file a motion to dismiss and/or for summary judgment no later than 30 days from the filing of the Supplemental Complaint, as calculated in accordance with Fed.R. Civ.P. 6.
8. Discovery in this action is hereby stayed pending disposition by the Court of defendants' motion to dismiss or, in the alternative, for summary judgment.
FOR THE DEFENDANTS FOR THE PLAINTIFF DATE: 5/21/97 DATE: 5/22/97 FRANK W. HUNGER VENABLE, BAETJER, HOWARD & Assistant Attorney General CIVILETTI, LLP ERIC H. HOLDER United States Attorney ANTHONY J. COPPOLINO (signed) KENNETH C. BASS, III (signed) VINCENT M. GARVEY KENNETH C. BASS, III ANTHONY J. COPPOLINO 1201 New York Avenue, N.W. U.S. Department of Justice Suite 1000 Civil Division Washington, D.C. 20005 Federal Programs Branch (202) 962-4800 901 E Street, N.W.-Room 1084 Washington, D.C. 20530 (202) 514-4782