X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR PRE-ANSWER JURISDICTIONAL DISCOVERY In December 2019, Plaintiffs brought parallel lawsuits in this Court and the English High Court of Justice, demanding compensation for certain consulting services provided to Defendants Kingdom of Saudi Arabia and Consumer Protection Association. See ECF No. 10. Defendants now move to dismiss the Complaint against them, pursuant to Rules 12(b)(1) and 12(b)(3) of the Federal Rules of Civil Procedure, for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. §1602 et seq. and under the doctrine of forum non conveniens. See ECF No. 50. In connection with Defendants’ motion, Plaintiffs seek pre-answer jurisdictional discovery on sovereign immunity issues. See ECF No. 89. For the reasons discussed below, Defendants’ motion to dismiss is granted, and Plaintiffs’ motion for pre-answer discovery is denied. BACKGROUND The instant case stemmed from a contract dispute between the parties for the payment of consulting services. See Am. Compl. (ECF No. 10), at 1. Plaintiff Consulting Concepts International, Inc. (“CCI”) is a corporation organized and headquartered in the State of New York. See id. at 6. Plaintiff Massimiliano Pincione (“Pincione”), a New York resident, is CCI’s principal and shareholder. See id. at 7. In June 2013, Defendant Kingdom of Saudi Arabia (“Saudi Arabia”), through Defendant Consumer Protection Association (“CPA”), its agency or instrumentality, retained Plaintiffs to perform certain asthma — and non-asthma-related consulting services in Saudi Arabia. See id. at

11, 35. On June 4, 2013, CPA and CCI executed a contract (the “Contract”) setting forth the parties’ responsibilities. See Br. (ECF No. 87), Ex. C. The Contract provides, among other things, that CCI and CPA “will collaborate to develop and implement strategies, programs and public policies to address the root causes of Asthma, its prevalent misdiagnosis, treatment compliance and pediatric continuing-education in the Kingdom of Saudi Arabia, as well as to promote proven therapeutic protocols to enhance and improve the life of Saudi Arabia’s youth.” Id. at 1. The Contract also provides that “[t]he parties [ ] will submit themselves to the jurisdiction of the laws of the United Kingdom for any and all disputes arising from this agreement.” Id. at 1. Plaintiffs assert that they completed asthma — and non-asthma-related consulting services as of January 2014, and that Defendants have not made any payments to Plaintiffs on account of their services. See Am. Compl., at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Be the game-changer at a pioneering Queens/Brooklyn law collective, making strides in Commercial and Real Estate Disputes. Immerse yourself ...


Apply Now ›

White Plains Insurance Defense Firm of 60+ years is looking for an entry level or pending admission to NYS Bar attorney.The Firm focus is on...


Apply Now ›

Description: Fox Rothschild LLP has an opening in multiple offices in our Entertainment and Sports Law Department for an Associate with Corp...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›