Savang et al v. Lao People's Democratic Republic et al

Filing 24

ORDER signed by District Judge Vince Chhabria on 6/22/17 ORDERING that plaintiff's 23 request for leave to amend their motion for class certification is GRANTED. Plaintiff is to file a supplemental brief by 7/5/2017. In light of the request for supplemental briefing, the telephonic case management conference set for 6/27/2017 is VACATED, to be reset for a date later in July. (Kastilahn, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

SAURYVONG SAVANG, et al.,
Plaintiffs,
v.
LAO PEOPLE'S DEMOCRATIC
REPUBLIC, et al.,

Case No. 16-cv-02037-VC
ORDER GRANTING LEAVE TO
AMEND AND REQUESTING
SUPPLEMENTAL BRIEFING
Re: Dkt. No. 23

Defendants.

The plaintiffs' request for leave to amend their motion for class certification is granted.
(Dkt. No. 23.) With respect to the plaintiffs' pending motions for class certification and default
judgment, the Court orders the plaintiff to file a supplemental brief by Wednesday, July 5, 2017,
addressing the following:
1.

Whether service was proper as to all defendants. The plaintiffs should be sure to

discuss whether Lao People's Democratic Republic was properly served pursuant to 28 U.S.C.
§ 1608.
2.

Whether exercising personal jurisdiction over the individual defendants is

consistent with the Due Process Clause.
3.

Whether the Court has jurisdiction over Lao People's Democratic Republic

assuming service was effected properly. See Argentine Republic v. Amerada Hess Shipping
Corp., 488 U.S. 428, 439 (1989); Verlinden B.V. v. Central Bank of Nigeria, 461 U.S. 480, 493
& n.20 (1983) ("[E]ven if the foreign state does not enter an appearance to assert an immunity

defense, a District Court still must determine that immunity is unavailable under the [Foreign
Sovereign Immunities] Act.").
4.

Whether any of the individual defendants are entitled to head-of-state immunity,

or any other form of immunity. See Samantar v. Yousuf, 560 U.S. 305, 321 & n.15 (2010).
In light of this request for supplemental briefing, the Court will vacate the telephonic case
management conference scheduled for June 27, 2017 and reset it for a date later in July.
IT IS SO ORDERED.
Dated: June 22, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

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