GDG Acquisitions LLC v. Government of Belize

935 F. Supp. 2d 1348, 2013 WL 1296233, 2013 U.S. Dist. LEXIS 48498
CourtDistrict Court, S.D. Florida
DecidedMarch 28, 2013
DocketCase No. 12-20558-CIV
StatusPublished

This text of 935 F. Supp. 2d 1348 (GDG Acquisitions LLC v. Government of Belize) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GDG Acquisitions LLC v. Government of Belize, 935 F. Supp. 2d 1348, 2013 WL 1296233, 2013 U.S. Dist. LEXIS 48498 (S.D. Fla. 2013).

Opinion

FINAL ORDER OF DISMISSAL

WILLIAM J. ZLOCH, District Judge.

THIS MATTER is before the Court upon Defendant The Government Of Belize’s Motion To Dismiss The Complaint (DE 20). The Court has carefully reviewed said Motion, the entire court file and is otherwise fully advised in the premises.

Introduction

Plaintiff GDG Acquisitions LLC (“GDG”) is a Florida limited liability company with its place of business in Leon County, Florida. Defendant the’ Government of Belize is a foreign sovereign nation. Plaintiff acquired a Master Lease Agreement and related interest by way of an assignment from International Telecommunications Limited (“Inteleo”), a Belizean limited liability company. At the time the contract was negotiated and executed, the only Parties involved were Belizean entities. Further, the subject matter of the contract involved telecommunications services to be provided in Belize. It was not until the assignment of the contract to Plaintiff GDG, that an American entity became involved in the transaction leading to the eventual filing of this case. Upon the Government of Belize’s alleged breach of the contract, Plaintiff initiated the above-styled cause in this Court, pursuant to the original jurisdiction granted to this Court by 28 U.S.C. § 1330.

By the instant Motion (DE 20), Defendant raises three grounds upon which it argues the Court should dismiss the above-styled cause. Defendant argues that this Court lacks subject matter jurisdiction over it because it is entitled to foreign sovereign immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq., that the doctrine oí forum non conveniens warrants dismissal, and that the action is additionally' subject to dismissal under the doctrine of international comity.

I. Forum Non Conveniens

Normally, a court may not act upon a case or controversy brought before it unless it is first satisfied that it has jurisdiction over the subject matter. See Davis v. Passman, 442 U.S. 228, 239 n. 18, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979) (noting that “jurisdiction is a question of whether a federal court has the power, under the Constitution and the laws of the United States, to -hear a ease”) (emphasis removed). Thus, in the past, a court would have had first to decide whether it had jurisdiction over the parties and subject matter before addressing a forum non conveniens argument. See e.g., Fleming James, Jr. & Geoffrey C. Hazard, Jr., Civil Procedure § 2.31 (3d ed. 1985) (“The forum non conveniens rule has application [1351]*1351only if the court has jurisdiction . ”), cited in Lops v. Lops, 140 F.3d 927, 952 n. 15 (11th Cir.1998). However, the Supreme Court has now made clear that, if “subject matter or personal jurisdiction is difficult to determine, and forum non conveniens considerations weigh heavily in favor' of dismissal, the court properly takes the less burdensome course.” Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., 549 U.S. 422, 425, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007). “A district court therefore may dispose of an action by a forum non conveniens dismissal, bypassing questions of subject-matter and personal jurisdiction, when considerations of convenience, fairness, and judicial economy so warrant.”

The doctrine of forum non conveniens justifies dismissal “where trial in the plaintiffs chosen forum imposes a heavy burden on the defendant or the court, and where the plaintiff is unable to offer any specific reasons of convenience supporting his choice.” Piper Aircraft Co. v. Reyno, 454 U.S. 235, 249, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981). Because the .doctrine concentrates on issues other than the substance of the dispute, it is referred to as a “nonmerits ground for dismissal.” Sinochem Int’l, 127 S.Ct. at 1187. Thus, considerations of “convenience, fairness, and judicial economy” guide the Court’s decision. Id. at 1186-87. A court properly dismisses an action pursuant to. the doctrine of forum non conveniens when an adequate alternate forum is available, and private and public interests weigh in favor of dismissal. Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935, 951 (11th Cir.1997) (citations omitted). Finally, a court should consider whether “the plaintiff can reinstate his suit in the alternative forum without undue inconvenience or prejudice.” Liquidation Com’n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339, 1356 (11th Cir.2008) (citing Membreno v. Costa Crociere S.p.A., 425 F.3d 932, 937 (11th Cir.2005)).

A. Adequacy of the Alternate Forum

To justify dismissal, an alternate forum must, be not simply, available, but must be adequate to provide relief to the deserving party. BCCI Holdings, 119 F.3d at 951-52. A defendant usually establishes that an adequate alternate forum exists by showing that it is amenable to process in the alternate forum. Id. at 951 (quoting Piper Aircraft Co., 454 U.S. at 254 n. 22, 102 S.Ct. 252 (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 507, 67 S.Ct. 839, 91 L.Ed. 1055 (1947))). When a nonmovant shows that the remedy offered by the alternate forum is clearly unsatisfactory, the: other forum is not an adequate alternative. BCCI Holdings, 119 F.3d at 951 (quoting Piper Aircraft, 454 U.S. at 254 n. 22, 102 S.Ct. 252).

Defendant, the' Government of Belize, has asserted that the courts of Belize are an adequate alternate forum for this litigation. Thus, although not specifically stated' in its Motion (DE ■ 20), Defendant implies that it is amenable to process in Belize because adjudication of the merits can take place there. Plaintiff does not establish that the remedy available in Belize is inadequate. BCCI Holdings, 119 F.3d at 951. Accordingly, the Court finds that Defendant has established the availability of an adequate alternative forum.

B. Balance of Private and Public Factors

The second step in the Court’s analysis is to determine whether the balance of private and public interests weighs in favor of dismissal. Id. “Relevant private factors include the relative ease of access to sources of proof, ability to obtain witnesses, and all other practical problems that make trial of a case easy, expeditious [1352]*1352and inexpensive.” Id., 119 F.3d at 952 (quotation omitted).

i. Private Factors'

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Republic of Panama v. BCCI Holdings (Luxembourg) S.A.
119 F.3d 935 (Eleventh Circuit, 1997)
Lops v. Lops
140 F.3d 927 (Eleventh Circuit, 1998)
Pablo Membreno v. Costa Crociere S.P.A.
425 F.3d 932 (Eleventh Circuit, 2005)
Belize Telecom, Ltd. v. Government of Belize
528 F.3d 1298 (Eleventh Circuit, 2008)
Bank of Augusta v. Earle
38 U.S. 519 (Supreme Court, 1839)
Gulf Oil Corp. v. Gilbert
330 U.S. 501 (Supreme Court, 1947)
Davis v. Passman
442 U.S. 228 (Supreme Court, 1979)
Piper Aircraft Co. v. Reyno
454 U.S. 235 (Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
935 F. Supp. 2d 1348, 2013 WL 1296233, 2013 U.S. Dist. LEXIS 48498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gdg-acquisitions-llc-v-government-of-belize-flsd-2013.