The Export Group Emilio Figueroa Jack Andrews v. Reef Industries, Inc., and Mexican Coffee Institute

Plaintiffs-appellants Emilio Figueroa, Jack Andrews, and The Export Group (collectively “Export Group”) appeal from the district court’s grant of relief from a default judgment it had entered against defendant-appel-lee, the Mexican Coffee Institute or Instituto Mexicano del Cafe (“INMECAFE”), in Export Group’s diversity action alleging, inter alia, interference with contract rights. The district court granted INMECAFE’s motion to set aside the default judgment on the ground that the judgment was void, Fed. R.Civ.P. 60(b)(4), because the district court concluded that it lacked subject matter jurisdiction over the interference with contract rights claim under the Foreign Sovereign Immunity Act (“FSIA”), 28 U.S.C. § 1602 et seq. We have jurisdiction, 28 U.S.C. § 1291 , and we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Because of the procedural posture of this case, the parties have not litigated the facts, which are disputed. Nevertheless, in deciding whether the district court appropriately determined that it lacked subject matter jurisdiction, we accept the facts alleged in the complaint as true. Siderman de Blake v. Republic of Argentina, 965 F.2d 699, 706 (9th…