FSM Development Bank v. Arthur et al

Filing 40

ORDER re Subject Matter Jurisdiction. Signed by Judge Lucy H. Koh on 4/23/2012. (lhklc1, COURT STAFF) (Filed on 4/23/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12
13
14
15
16
17

FSM DEVELOPMENT BANK a/k/a
FEDERATED STATES OF MICRONESIA
DEVELOPMENT BANK,

)
)
)
)
Plaintiff,
)
v.
)
)
ROBERT ARTHUR and PATRICIA ARTHUR, )
)
Defendants.
)
)
)

Case No.: 11-CV-05494-LHK
ORDER RE SUBJECT MATTER
JURISDICTION

18

Defendants’ motion to remand is set for hearing on April 26, 2012. The parties are hereby

19

ordered to be prepared to address the following issues at the hearing: (1) whether this Court has

20

subject matter jurisdiction, pursuant to the Federal Sovereign Immunities Act, 28 U.S.C. §§ 1602,

21

et seq., over Defendants’ cross-complaint and complaint-in-intervention; and (2) why that issue is

22

not barred by the collateral estoppel doctrine as a result of the Ninth Circuit’s decision in AHPW,

23

Inc. v. Pohnpei, 437 F. App’x 565 (9th Cir. June 9, 2011). By 3:00 p.m. on Wednesday, April 25,

24

2012, each side is permitted to file an up to three page brief addressing these issues.

25

IT IS SO ORDERED.

26

Dated: April 23, 2012

27
28

1
Case No.: 11-CV-05494-LHK
ORDER RE SUBJECT MATTER JURISDICTION

_________________________________
LUCY H. KOH
United States District Judge