Doe

Doe v. Liu Qi

Caution
349 F. Supp. 2d 1258·2004 U.S. Dist. LEXIS 25379
United States District Court, Northern District of CaliforniaDecember 8, 2004C 02-0672 CW, C 02-0695 CWCalifornia40,108 words

Opinion

Opinion

Wilken, J.

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiffs in these two related eases are Falun Gong practitioners who claim that acts of Defendants, local government officials of the People’s Republic of China, violated the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act (TVPA). After Defendants failed to file a responsive pleading,the Clerk entered default. Plaintiffs filed a motion for default judgment in. both cases. The Court referred the motions to Magistrate Judge Chen, who issued a Report and Recommendation.

Upon the Court’s request, the United States Department of State filed a statement of interest in each case, expressing its concerns with.the Report and addressing Plaintiffs’ objections to the Report. The United States asked the Court to stay this case pending the Supreme Court’s forthcoming ruling in Sosa v. Alvarez-Machain, - U.S. -, 124 S.Ct. 2739 , 159 L.Ed.2d 718 (2004), and the Court did so. Then it ordered supplemental briefing from the parties and requested a further statement of interest from the United States in light of Sosa . The Court then referred the matter back to Magistrate Judge Chen for an amended report in the…

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