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Funk v. Belneftekhim

Dismissal under Foreign Sovereign ImmunityDenied after Discovery Sanction on Such Claim

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MEMORANDUM DECISION AND ORDER

*1  This is a state-law tort suit brought by two U.S. citizens against Belarusian oil and holding company Belneftekhim, its U.S. subsidiary, Belneftekhim U.S.A., and 50 unnamed individuals for damages relating to plaintiffs’ abduction and torture. Plaintiffs Vladlena Funk and Emanuel Zeltser moved for sanctions against defendants based on their failure to comply with Court-ordered discovery on whether Belneftekhim qualifies as an agency or instrumentality of a foreign state under the Foreign Sovereign Immunities Act. Defendants, in turn, have renewed their motion to dismiss the amended complaint on numerous grounds. For the reasons stated below, I grant plaintiffs’ motion for sanctions and deny defendants’ motion to dismiss.BACKGROUNDThe Court has previously discussed at length the allegations underlying this suit, see Funk v. Belneftekhim, No. 14-cv-0376, 2015 WL 6160247, at *1-3 (E.D.N.Y. Oct. 20, 2015), and will not repeat them here. Plaintiffs originally filed suit in New York state court in 2012;

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