Palmco Corp. v. JSC TECHSNABEXPORT

CIVIL MINUTES — GENERAL

PROCEEDING (IN CHAMBERS): ORDER GRANTING MOTION TO DISMISS ON FORUM NON

Before the Court is Defendant’s Motion to Dismiss Plaintiffs Complaint (“Motion”). The Court finds the matter is appropriate for decision without oral argument. Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for July 17, 2006 was removed from the Court’s calen dar. After reviewing the moving, opposing, and replying papers, and for the reasons set forth below, the Court GRANTS the Motion.

I. BACKGROUND

This lawsuit arises out of a series of contracts between Plaintiff Palmeo Corporation (“Palmeo”), a California corporation, and Defendant JSC Techsnabexport (“Te-nex”). Tenex, which was then a Soviet Union-owned and is now a Russian Federation-owned entity, and Palmco’s agreements concerned the purchase and sale of Soviet (now Russian) origin uranium to entities in South Korea. Specifically, in contracts stretching back to December 28, 1988 and extending through 2009, Tenex agreed to sell then-Soviet-origin uranium to Palmeo, who then sold it to the Korea Electric Power Company (“KEPCO”), and, starting in April 2001, to KEPCO’s subsidiary, Korea Hydro and Nuclear Power…