Liebert v. United States

Newman, Judge:

Defendant has moved to strike the complaint filed in this action, which is captioned “Border Brokerage Co., Inc., Plaintiff v. The United States, Defendant”.1 The basis of defendant’s motion is that Border Brokerage is not the plaintiff in this action, but rather a complete stranger thereto, and hence was not authorized to file the complaint pursuant to rule 4.4.

In its opposition to defendant’s motion, plaintiff concedes that Border Brokerage was improperly named as plaintiff in the caption of the complaint in lieu of the proper party-plaintiff, C. F. Liebert, importer of record…