Mandana Farhang v. Indian Institute of Technology

MEMORANDUM

The Indian Institute of Technology, Kharagpur (“IITK”) and Partha P. Chak-rabarti appeal from the district court’s order denying their motion to dismiss plaintiffs’ third amended complaint pursuant to the Foreign Sovereign Immunities Act (“FSIA”) and common law foreign official immunity principles. We have jurisdiction under the collateral order doctrine. See Terenkian v. Republic of Iraq, 694 F.3d 1122, 1130 (9th Cir. 2012). We review de novo the district court’s legal rulings and its factual findings for clear error. See id. at 1132 . We affirm in part, vacate in part, and temand.

1. Contrary to plaintiffs’ contentions, defendants’ notice of appeal in this case was timely. While the district court originally denied IITK’s motion to dismiss on- FSIA immunity grounds in 2010, that motion and order related to the first amended complaint in this action. Subsequent to that order, a third amended complaint was filed that added Mobile M.A. as a plaintiff and included additional allegations. Defendants moved to dismiss that complaint and, when that motion was denied, defendants timely filed their notice of appeal.

2. The district court correctly determined the “waiver…