Opinion
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION AND/OR IMPROPER VENUE
DEAN D. PREGERSON, District Judge.
Plaintiff's Complaint asserts several causes of action against the People's Republic of China ("PRC"). PRC is a foreign state within the meaning of 28 U.S.C. § 1603. As a general matter, foreign states are immune from suit, 28 U.S.C. § 1604, except for certain exceptions defined at 28 U.S.C. § 1605. This Court has jurisdiction over suits against a foreign state only to the extent that some exception under § 1605 applies. 28 U.S.C. § 1330. The Court therefore orders Plaintiff to show cause why this suit should not be dismissed for lack of jurisdiction over the foreign state defendant.
Additionally, under 28 U.S.C. § 1391(f), the appropriate venue for a civil action against a foreign state is:
(1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated;
(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title;
(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title; or
(4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.
Plaintiff's complaint alleges that "[v]enue is proper pursuant to 28 U.S.C § 1603(b), " thus apparently invoking § 1391(f)(3). (Compl. at 2.) But § 1391(f)(3), as can be seen above, applies only to actions brought against an agency or instrumentality of a foreign state, not actions brought against a foreign state itself. The Court therefore orders Plaintiff to show cause why this case should not be dismissed for improper venue.
Plaintiff shall file a response no later than seven (7) days from the date of this order. Failure to respond may result in dismissal of the complaint.
IT IS SO ORDERED.