Opinion
No. 07-56318.
Argued and Submitted February 9, 2009.
Filed April 10, 2009.
Ronald F. Frank, Esquire, Bannan, Green, Frank Terzian, LLP, Los Angeles, CA, Kevin C. McCann, Esquire, Sean D. Unger, Esquire, Paul Hastings Janofsky Walker, LLP, San Francisco, CA, Plaintiff-counter-defendant-Appellee.
Paul M. Kelley, Esquire, Donfeld, Kelley Rollman, Los Angeles, CA, for Defendant-cotmter-claimant-Appellant.
Appeal from the United States District Court for the Central District of California, Dean D. Pregerson, District Judge, Presiding. D.C. No. CV-06-00106-DDP.
Before: KLEINFELD, BEA, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court did not err by ruling on Israel Discount Bank Ltd.'s motion to dismiss Moshe Schnapp's counter-claim for forum non conveniens before determining whether it had jurisdiction. See Sinochem Int'l Co. v. Malay. Int'l Shipping Corp., 549 U.S. 422, 425, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007). The district court did not abuse its discretion when it dismissed Schnapp's counterclaim and remanded the remainder of the case to state court. Leetsch v. Freedman, 260 F.3d 1100, 1102 (9th Cir. 2001). Therefore, the district court's order is affirmed.