Usdc-Cala

Mohamed Bin Zayed Al Nahyan v. Usdc-Cala

Good Law
485 F. App'x 859
United States Court of Appeals for the Ninth CircuitJune 20, 201211-70018California560 words

Opinion

Opinion

MEMORANDUM

Petitioners Sheikh Mohamed Bin Zayed Al Nahyan and General Saeed Hilal Abdul-lah Al Darmaki ask this court to issue a writ of mandamus to compel the district court to dismiss Plaintiff Khaled Hassen’s lawsuit against Petitioners for lack of personal jurisdiction and for failure to state a claim. We have appellate jurisdiction under 28 U.S.C. § 1651 and we decline to issue the writ.

“Mandamus is a drastic remedy, to be invoked only in extraordinary situations.” San Jose Mercury News, Inc. v. U.S. Dist. Court, 187 F.3d 1096 , 1099 (9th Cir.1999) (internal quotation marks omitted). “Only exceptional circumstances amounting to a judicial usurpation of power, or a clear abuse of discretion will justify the invocation of this remedy.” In re Van Dusen, 654 F.3d 838, 840 (9th Cir.2011) (internal quotation marks omitted). In considering whether to issue the writ, an important factor is whether “[t]he district court’s order is clearly erroneous as a matter of law.” Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-55 (9th Cir.1977).

Because the district court did not commit a clear error of law, the exceptionally high standard for issuing the writ has not been met. For specific…

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