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Hansen v. PT Bank Negara Indonesia

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Before TACHA, McKAY, and GORSUCH, Circuit Judges.

Under the Foreign Sovereign Immunities Act (“FSIA”), a foreign state is immune from suit in American courts unless a statutory exception to immunity applies. In this appeal, the primary dispute is whether defendant-appellant PT. Bank Negara Indonesia (Persero) TBK (“BNI”) or any of its officers or employees in fact generated financial instruments assigned to plaintiffs-appellees Theodore Hansen, Interstate Energy Corporation, and Triple M, L.L.C., thus triggering the commercial-activity exception to sovereign immunity under the FSIA. The district court denied BNI’s motion for judgment on the pleadings based on sovereign immunity, concluding that BNI had not carried its ultimate burden of showing that the commercial-activity exception did not apply. In the same order, the district court also denied BNI’s motion to stay discovery and ordered that appellees be entitled to conduct limited discovery on that issue. BNI appeals from the denial of sovereign immunity and also argues that the district court’s discovery order on the sovereign immunity issue is unduly broad. As to the first issue, we have jurisdiction under 28 U.S.C. § 1291 and AFFIRM. We DISMISS the claim based on the discovery order for lack of jurisdiction.

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