Textainer Equipment Management Ltd. v. United States

ORDER DENYING PLAINTIFFS’ MOTION TO STRIKE, STAYING CONSIDERATION OF PLAINTIFFS’ MOTION FOR SANCTIONS, AND SETTING A SCHEDULE

FIRESTONE, Judge.

The dispute in this Fifth Amendment Takings case centers on whether defendant the United States (“the government”) acted in its sovereign capacity when it purchased approximately 1015 of plaintiffs’ intermodal shipping containers from TOPtainer, Inc., a now-nonexistent company that entered into a lease agreement with plaintiffs for their containers, and then, in turn, leased plaintiffs’ containers to the government. On March 26, 2010, plaintiffs filed…