Libyan Jamahiriya Broadcasting Corporation v. Saleh

Filing 33

ORDER OF DISMISSAL. Signed by Judge Hamilton on 4/30/2012. (pjhlc1, COURT STAFF) (Filed on 4/30/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 LIBYAN JAMAHIRIYA BROADCASTING CORPORATION, Plaintiff, 9 v. 11 For the Northern District of California United States District Court 10 ORDER OF DISMISSAL ABDALLA SALEH, 12 No. C 10-3713 PJH Defendant. _______________________________/ 13 14 Before the court is the ex-parte status statement of plaintiff’s counsel advising the 15 court that he not only has been unable to contact defendant but is also unable to contact 16 his own client, which is owned by the Libyan government and subject to sanctions by the 17 U.S. Treasury Department. Counsel cannot appear on behalf of his client, yet he requests 18 a further stay or a dismissal without prejudice. This case has already been stayed for a 19 period of time and the court is not inclined to grant a further stay which would be indefinite 20 in nature. Even though the action is not being properly and diligently prosecuted, the court 21 elects not to dismiss the case for failure to prosecute, but to dismiss without prejudice given 22 the extraordinary circumstances presented due to the turmoil in Libya. Accordingly, the 23 matter is DISMISSED without prejudice to re-filing should the circumstances change and 24 should the relevant statute of limitations permit. 25 26 IT IS SO ORDERED. 27 Dated: April 30, 2012 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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