Meadows

Meadows v. Dominican Republic

Good Law
542 F. Supp. 33·1982 U.S. Dist. LEXIS 13477
United States District Court, Northern District of CaliforniaMay 26, 1982C-80-4626 TEHCalifornia524 words

Opinion

Opinion

Henderson, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION

On April 6,1982, this Court ordered plaintiff’s complaint dismissed for failure to plead facts sufficient to establish jurisdiction under the Foreign Sovereign Immunities Act, (FSIA), 28 U.S.C. § 1330 (a), 1602 et seq. Plaintiffs filed a motion for reconsideration which came on for hearing before this Court on April 26, 1982. Based on the arguments and briefing by the plaintiffs, as well as the results of the Court’s own research, the Court is compelled to deny plaintiffs’ motion for reconsideration. Under the circumstances of the case, for purposes of appeal, plaintiffs’ motion will be treated as a motion to amend a judgment, pursuant to Rule 59, Fed.R.Civ.P. Accordingly,

THIS COURT HEREBY ORDERS that plaintiffs’ motion for reconsideration is denied.

DISCUSSION

Plaintiffs allege federal court jurisdiction based upon the Foreign Sovereign Immunities Act (FSIA). Title 28 U.S.C. § 1330 (a) provides that the district court shall have jurisdiction over a foreign state as to any claim for relief, unless the foreign state is entitled to immunity, and provided service of process has been properly made under Title 28 U.S.C. § 1608…

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