Cooper
Cooper v. Tokyo Electric Power Co.
Opinion
Lead Opinion
Sammartino, J.
AMENDED ORDER AFTER RECONSIDERATION: (1) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS, (2) DENYING DEFENDANT’S MOTION TO DISMISS UNDER FORUM NON CONVE-NIENS AND INTERNATIONAL COMITY, AND (3) GRANTING MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL
(ECF Nos. 69 & 73)
Presently before the Court is Defendant Tokyo Electric Power Company, Inc.’s (“TEPCO”) Motion for Reconsideration or, Alternatively, for Certification of Interlocutory Appeal Under 28 U.S.C. § 1292 (b). (Mot. Reconsideration, ECF No. 73.) TEPCO asks the Court to reconsider its prior Order granting in part and denying in part TEPCO’s Motion to Dismiss Second Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim or, in the Alternative, to Dismiss under the Doctrines of Forum Non Conveniens and International Comity. (See SAC Order, ECF No. 69 (granting in part and denying in part TEPCO’s Mot. to Dismiss, ECF No. 55.))
Having carefully considered the Parties’ arguments and the law, the Court (1) GRANTS TEPCO’s Motion for Reconsideration, (2) MAINTAINS its prior rulings, and (3) CERTIFIES this case for interlocutory appeal. This Order AMENDS and *1114 SUPERSEDES the…