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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LIBYAN JAMAHIRIYA BROADCASTING
CORPORATION,
Plaintiff,

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v.

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL

ABDALLA SALEH,

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No. C 10-3713 PJH

Defendant.
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Before the court is the ex-parte status statement of plaintiff’s counsel advising the

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court that he not only has been unable to contact defendant but is also unable to contact

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his own client, which is owned by the Libyan government and subject to sanctions by the

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U.S. Treasury Department. Counsel cannot appear on behalf of his client, yet he requests

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a further stay or a dismissal without prejudice. This case has already been stayed for a

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period of time and the court is not inclined to grant a further stay which would be indefinite

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in nature. Even though the action is not being properly and diligently prosecuted, the court

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elects not to dismiss the case for failure to prosecute, but to dismiss without prejudice given

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the extraordinary circumstances presented due to the turmoil in Libya. Accordingly, the

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matter is DISMISSED without prejudice to re-filing should the circumstances change and

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should the relevant statute of limitations permit.

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IT IS SO ORDERED.

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Dated: April 30, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge