Rice Corp. v. Grain Board of Iraq

Good Law

582 F. Supp. 2d 1309·62 A.L.R. Fed. 2d 771·2008 WL 4456473·2008 U.S. Dist. LEXIS 80296

United States District Court, Eastern District of CaliforniaSeptember 30, 20082:06-cv-1516-GEB-DADCalifornia1,334 words

Opinion

Burrell, J.

ORDER

On June 20, 2008, Defendants the Grain Board of Iraq (the “Grain Board”) and the Iraqi Ministry of Trade (the “MOT”) (collectively “Defendants”) filed a motion to set aside the Clerk of the Court’s entry of default, arguing (1) since Defendants were not properly served, the Court did not have personal jurisdiction over Defendants; and, (2) even if Defendants were properly served, there is good cause for setting aside the default. Defendants also object to the Magistrate Judge’s Finding and Recommendations in which default judgment is recommended based on the Clerk’s default. Plaintiff opposes Defen dants’ positions on the issues. Oral argument was held August 25, 2008.

BACKGROUND

On November 10, 2006, Plaintiff requested an order authorizing substituted service of process upon each Defendant under the Foreign Sovereign Immunities Act (the “FSIA”), 28 U.S.C. § 1608 (b)(3)(C). Specifically, Plaintiff requested authority to serve a copy of the summons and complaint, along with Arabic translations of each, on Defendants by “regular mail” to a post office box in Iraq and by “email” to email addresses in Iraq. (Dkt. No. 10, Pl.’s Memorandum in support of Request for an Order…

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