Zivkovich

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Before the Court are a motion to dismiss filed by Defendant Institute per le Opere di Religion (“IOR”) and a motion to dismiss filed by Defendant Order of Friars Minor (“OFM”). IOR’s motion requires the Court to determine whether it enjoys absolute immunity from suit as an organ or instrumentality of Vatican City because the conduct alleged is alleged to have occurred prior to 1952. In the alternative, the motion requires the Court to determine whether IOR is entitled to immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1601 , et seq. (“FSIA”). The motion also requires the Court to determine whether the doctrine of international comity prevails and prohibits suit. Finally, both IOR’s motion and OMF’s motion require the Court to determine whether the action should be dismissed because (1) the claims brought by Plaintiff George Zivkovich (“Plaintiff’) are nonjusticiable political questions; and (2) Plaintiff lacks standing.

Having read and considered the papers, and having heard the parties at oral argument, the Court declines to determine whether IOR is entitled to immunity, or whether comity precludes…