Mujica

ORDER DENYING, IN PART, AND GRANTING, IN PART, DEFENDANT’S MOTION TO ' DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6)

The matter came on for hearing before the Court, the Honorable William J. Rea, Judge, presiding, on January 10, 2005. Having considered the motion, the papers filed in support thereof and in opposition thereto, the oral argument of counsel, and the file in the case, the Court now makes the following decision: the Court hereby DENIES, in part, and GRANTS, in part, Defendant Occidental Petroleum Corp.’s Motion to Dismiss Plaintiffs’ First Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6).

While portions of Plaintiffs’ case are dismissed on other grounds, the Court dismisses the entire case pursuant to the political question doctrine.

BACKGROUND

I. Factual Allegations

The instant case arises from a bombing that occurred in Santo Domingo, Colombia on December 13, 1998. In 1998, Plaintiffs lived in Santo Domingo. The Defendants, Occidental Petroleum Corp. (“Occidental”) and AirScan, Inc., are both American companies; the former is located in Los Ange-les, the latter in Florida. Defendant Occidental operates, as a joint venture…