Altmann
Altmann v. Republic of Austria
Opinion
Opinion
Cooper, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS
This matter is before the Court on the Defendants’ Motion to Dismiss under Fed. R.Civ.P. 12(b) for lack jurisdiction over the subject matter and over the person under the doctrine of sovereign immunity and pursuant to the Foreign Sovereign Immunities Act (“FSIA”) (docket #73). The Court deems this matter appropriate for decision without oral argument. See Fed. R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for September 13, 2004, is removed from the Court’s calendar. For the reasons set forth below, the Court denies the Motion. The alternative Motion for Reconsideration is also denied.
I.Background
The factual background and the procedural history of this action are well known to the Court and to the parties. For that reason, they are only briefly summarized here.
The present dispute centers on ownership rights to six paintings that are currently in the possession of the Republic of Austria (“the Republic”) and/or the Austrian Gallery (“the Gallery”). Plaintiff seeks recovery of these, paintings that were owned by her family before they were stolen by the Nazis in the early 1940s in Austria.