Roe

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF JOHN ROE IX

I.

Introduction

Pending before the Court is defendant Unocal Corporation’s (“Unocal”) motion to dismiss plaintiff John Roe IX with prejudice. Plaintiff Roe IX asserts six causes of action: (1) Alien Tort Claims Act, 28 U.S.C. § 1350 ; (2) civil conspiracy; (3) joint venture liability; (4) implied partnership liability; (5) negligence; and (6) negligent infliction of emotional distress. Defendant Unocal claims that plaintiff Roe IX’s claims in the Third Amended Complaint are barred by the act of state doctrine. In the alternative, Unocal seeks dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In response, plaintiff asks the Court to convert the motion, to a summary judgment motion and subsequently deny it because triable issues of fact exist. Upon consideration of all written and oral argument, the Court hereby GRANTS defendant’s motion to dismiss plaintiff John Roe IX with prejudice for the reasons set forth below.

II.

Factual Background

The Court has previously described the factual allegations of plaintiffs’ complaint. See National Coalition Gov’t of Union of Burma v. Unocal,…