Gulf Arab Media--Arab American Film Company, a California Partnership v. The Faisal Foundation, Etc.
Opinion
Opinion
Gulf Arab Media — Arab American Film Company (the film company) appeals from a judgment dismissing its tort and contract action. We have jurisdiction pursuant to 28 U.S.C. § 1296 , and we affirm.
In 1982, the film company filed suit against a number of Saudi Arabian corporations and individuals, asserting several tort and contract claims. In 1983, the film company amended the complaint to include the Kingdom of Saudi Arabia (Kingdom) as a defendant. In November of 1985, the district court dismissed the action as to all defendants but the Kingdom for lack of prosecution and as to the Kingdom for inability to prove liability following entry of the Kingdom’s default.
We review a dismissal for lack of prosecution for abuse of discretion. Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). The originally named defendants were never served. There was no abuse of discretion in dismissing them for failure to prosecute.
The Kingdom was served pursuant to the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1602 , et seq., which does not allow service for tort claims. Therefore, dismissal of all but count five against the Kingdom was proper as they sounded in tort.