Manuel Terenkian v. The Republic of Iraq
Opinion
Opinion
Noonan, J.
Order; Dissent by Judge NOONAN.
ORDER
A majority of the panel has voted to deny Appellees’ Petition for Rehearing En Banc. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration.
The petition for rehearing en banc is DENIED.
dissenting from denial of the petition for rehearing:
I. The Transfer Of The Whole Case
April 9, 2010. The District Court for the Central District of California filed an order denying Iraq’s motion to dismiss for lack of subject matter jurisdiction due to sovereign immunity and denying Iraq’s motion to dismiss for failure to arbitrate. The Order also found that the Central District of California was not the proper venue for this action and transferred it to the District Court for the District of Columbia.
April 13, 2010. The Order was entered on the docket for the Central District of California. The Order stated:
Iraq appealed this order to the D.C. Circuit.
II. The Law
According to the treatise generally accepted as authoritative, a transfer of a case from one circuit to another is treated as a transfer of the whole case. Wright and Miller write: