Arabian Gas and Oil Development Company v. Wisdom Marines Lines, S.A., et al

Filing 47

ORDER Requesting Supplemental Briefing re 28 MOTION to Dismiss Plaintiff's Verified Complaint, and in the Alternative to set aside Court's Order Granting Writ of Attachment and the Attachment of the M/V GLOBAL FAITH filed by SAO Wisdom, S.A., Wisdom Marines Lines, S.A., Wisdom Marines Lines Co., Ltd. Signed by Magistrate Judge Donna M. Ryu on 08/01/2016. (dmrlc3, COURT STAFF) (Filed on 8/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARABIAN GAS AND OIL
DEVELOPMENT COMPANY,
Plaintiff,

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ORDER REQUESTING
SUPPLEMENTAL BRIEFING

v.

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WISDOM MARINES LINES, S.A., et al.,

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United States District Court
Northern District of California

Case No. 16-cv-03801-DMR

Re: Dkt. No. 28

Defendants.

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The court has reviewed the parties’ briefing on the Defendants Wisdom Marines Lines,

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S.A., Wisdom Marines Lines Co., Ltd., and SAO Wisdom, S.A.’s motion to dismiss Plaintiff

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Arabian Gas and Oil Development Company’s verified complaint under Federal Rules of Civil

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Procedure 12(b)(1) and 12(b)(6), and in the alternative to set aside the court’s order granting the

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writ of attachment, and in the alternative for an order to reduce the amount of security and increase

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the amount of the undertaking [Docket No. 28]. The court requests supplemental briefing, of no

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more than seven pages per side, to address the following issues:

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1) Whether an action solely seeking pre-award attachment in connection with a pending

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foreign arbitration “falls under” the New York Convention pursuant to 9 U.S.C. § 203

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for purposes of federal subject matter jurisdiction;

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2) Whether there is a procedure for obtaining provisional remedies in the London
arbitration;
3) Whether the complaint, as filed, satisfies the statutory requirements for a writ of
attachment under California Civil Procedure § 481.010 et seq., including whether the
complaint must state a claim for relief that is separate from the request for writ of
attachment (e.g., a breach of contract claim);
4) The effect the stay of arbitral proceedings on Plaintiff’s counterclaim has on the

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probable validity of Plaintiff’s claim;

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5) Whether the United Kingdom’s arbitration decisions are enforceable in Taiwan;

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6) Whether Defendants have fixed assets that can be used to satisfy a potential judgment

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award.
The parties shall file their supplemental briefing by no later than 9:00 a.m. on August 3,

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2016. In responding to the first issue, the parties shall not rely on cases where the basis for federal

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subject matter jurisdiction was complete diversity.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 1, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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