3
Shared Docs
1
Same-Page
4 / 3
Mentions
be incompatible with the purpose of the FSIA, which is to grant governmental, not private corporate immunity, and ... would reflect infidelity to the Supreme Court's reasoning in Dole Food" Id. at 218. Accordingly, it reiterated that "'a subsidiary of an instrumentality is not it- self entitled to instrumentalit
ions to statutory, foreign sovereign immunity and protecting a sovereign's or sovereign's agency's legitimate claim to immunity from discovery.'" First City, Texas-Houston, N.A. a Rafulain Bank, 150 F.3d 172, 176 (2d Cir.1998) (ordering full discovery against defendant over whom court al- ready had sub
ious banks are not identical. In Bush, following the Supreme Court’s instructions in Steel Co., the district court dis
other Saudi banks’ Rule 12(b)(6) motions cannot apply to NCB because the allegations against the various banks are not identical. In Bush, following the Supreme Court’s instructions in Steel Co., the district court dismissed the case for lack of subject matter jurisdiction after finding plaintiffs lacked standing to
Page: HOUSE_OVERSIGHT_017931 →ally, discovery regarding NCB’s FSIA defense would necessarily subject the Kingdom to discovery, which the Court is hesitant to do unnecessarily. See First City, Texas—Houston, N.A. v. Rafidain Bank, 150 F.3d 172, 176 (2d Cir.1998); see also Arriba Ltd. v. Petroleos Mexicanos, 962 F.2d 528, 534 (Sth Cir.1992)
Page: HOUSE_OVERSIGHT_017932 →exceptions to statutory foreign sovereign immunity and protecting a sovereign’s or sovereign’s agency’s legitimate claim to immunity from discovery.” First City, Texas—Houston, N.A. v. Rafidain Bank, 150 F.3d 172, 176 (2d Cir.1998) (ordering full discovery against defendant over whom court al- ready had subje
Page: HOUSE_OVERSIGHT_017848 →upport of this argument, the Federal Plaintiffs cite Dole Food Co. v. Patrickson, 538 U.S. 468, 480, 123 S.Ct. 1655, 155 L.Ed.2d 643 (2003), in which the Supreme Court held that instrumentality status is determined at the time of the filing of the complaint. has specifically addressed the issue. HOUSE_OVERSIGHT_01
Page: HOUSE_OVERSIGHT_017854 →Entities connected to both Supreme Court and First City

United States
LOCATION
Bill Clinton
PERSON
Michael Cohen
PERSON
Barry Diller
PERSON
Bradley Edwards
PERSON
George Mitchell
PERSON
New York
LOCATION
Philadelphia
LOCATION
Atlanta
LOCATION
San Diego
LOCATION
Houston
LOCATION
Alfredo Rodriguez
PERSONSecond Circuit
ORGANIZATION
Southern District of New York
ORGANIZATION
Nelson
PERSON
New York City
LOCATIONHaley Robson
PERSON
Eric Schmidt
PERSON
United Kingdom
LOCATION
Georgina Chapman
PERSON