Opinion
No. C-00-1919 VRW
February 1, 2001
ORDER
On February 1, 2001, the court issued an order amending its previous October 30, 2000, order to make the forum non conveniens dismissal conditional on defendants' compliance with three conditions: 1) consent to jurisdiction in Indonesia, 2) acceptance of service of process in Indonesia and 3) waiver of any statute of limitations defense relying on the time between the filing of this case and the final disposition of this case after appeal.
Defendants Putra Masagung (Putra) and Oka Masagung (Oka) have submitted to the court declarations in which they "consent to, and agree to comply with, the conditions in the Court's Order date February 1, 2001." Counsel for Putra and Oka submitted a letter dated February 8, 2001, along with the declarations. Also in response to the court's order, counsel for defendant PT Gunung Agung has submitted a letter, dated February 9, 2001, to the court purporting to agree to the conditions imposed in the February 1, 2001, order. Finally, plaintiff, PT Indopac Perdana Finance has submitted what it calls a "response and objections to" the letters and declarations filed by defendants. The clerk is directed to file these submissions.
The court understands that the delay in entry of judgment may have led defendants to believe that their submissions were necessary. But, the agreements by defendants to comply with the conditions imposed by the court in its February 1, 2001, order are at this juncture, essentially irrelevant. The dismissal of the case remains conditional pending actual compliance with the conditions when and if this law suit is brought against defendants by plaintiff in Indonesia. For now, the case is dismissed and will remain so unless and until defendants fail to comply with the court's conditions.
While plaintiff is thus correct that the submissions by defendants are irrelevant, the court DENIES plaintiff's motion to strike the submissions. The clerk is directed to close the file and enter judgment in accordance with the court's February 1, 2001, and October 30, 2000, orders.
IT IS SO ORDERED.