Khulumani, et al v. Barclay Natl. Bank, et al

Filing 111

MEMORANDUM OPINION AND ORDER # 97678. Over forty years ago, the New York Court of Appeals took heed of the plight of a foreign corporation sued in the United States, using words that remain accurate today: "I are not unmindful that litigation in a foreign jurisdiction is a burdensome inconvenience for any company. However, it is part of the price which may properly be demanded of those who extensively engage in international trade. Plaintiffs have not yet demonstrated that Rheinmetall is su bject to suit in this Court. However, they have made a sufficient showing to convince this Court that the best course is to undertake jurisdictional discovery, so that this Court may make a final determination concerning personal jurisdiction on a fu ll evidentiary record. For the foregoing reasons, Rheinmetall's motion to dismiss is denied with leave to renew at the close of jurisdictional discovery. Plaintiffs' motion for authorization of an alternative form of service is granted. Pla intiffs are ordered to serve counsel for Rheinmetall personally within sixty days. The deadline for Rheinmetall to move to dismiss or answer the Complaint remains stayed until after resolution of the renewed motion to dismiss for lack of personal jur isdiction. The Clerk of the Court is ordered to close this motion (02 MDL 1499, No. 153, and 03 Civ. 4524, No. 72). A status conference will be held concerning jurisdictional discovery on July 6, 2009, at 4:30 p.m.(Status Conference set for 7/6/2009 at 04:30 PM before Judge Shira A. Scheindlin.), Motions terminated: (153 in 1:02-md-01499-SAS, 72 in 1:03-cv-04524-SAS) MOTION to Dismiss. filed by Rheinmatall Group AG, Rheinmetall Group AG. (Signed by Judge Shira A. Scheindlin on 6/22/09) Filed In Associated Cases: 1:02-md-01499-SAS, 1:03-cv-04524-SAS(rjm) Modified on 6/26/2009 (rjm).