Lauro Moreno v. Omnilife Usa, Inc.

Good Law
483 F. App'x 340
United States Court of Appeals for the Ninth CircuitMay 25, 201209-55672California843 words

Opinion

Opinion

MEMORANDUM

Lauro Gonzalez Moreno appeals from the district court’s order dismissing on forum non conveniens grounds his case against Omnilife USA, Inc. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Moreno brought this lawsuit in California state court against Omnilife USA, several related Mexican corporations, and Omnilife USA’s owner for claims arising out of a breach of an employment agreement. Omnilife USA removed this action to the United States District Court for the Central District of California based on diversity of citizenship jurisdiction. Shortly after filing this lawsuit, Moreno filed an action before a Mexican special arbitration board asserting claims under Mexican law arising out of the same events that led to this lawsuit. This lawsuit proceeded in district court but was ultimately dismissed on forum non conveniens grounds. The district court found that Mexico provided an adequate alternative forum and that the balance of private and public interest factors weighed in favor of dismissal. As of the date of dismissal, Moreno had only been able to serve Omnilife USA. This appeal followed.

During the pendency of this appeal, the Mexican special…

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