Omollo v. Citibank, N.A. , 361 F. App'x 288 ( 2010 )


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  • 08-3022-cv
    Omollo v. Citibank, NA
    UNITED STATES COURT OF APPEALS
    FOR THE SECOND CIRCUIT
    SUMMARY ORDER
    Rulings by summary order do not have precedential effect. Citation to a summary order
    filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate
    Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a document
    filed with this court, a party must cite either the Federal Appendix or an electronic database
    (with the notation “summary order”). A party citing a summary order must serve a copy of it
    on any party not represented by counsel.
    At a stated term of the United States Court of Appeals for the Second Circuit, held at
    the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New
    York, on the twenty-second day of January two thousand and ten.
    PRESENT:
    JOSÉ A. CABRANES,
    ROSEMARY S. POOLER,
    GERARD E. LYNCH ,
    Circuit Judges.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
    JOHN OJWANG OMOLLO ,
    Plaintiff-Appellant,
    v.                                                                                No. 08-3022-cv
    CITIBANK , N.A., CHARLES PRINCE , CEO of Citigroup
    Defendants-Appellees.
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    FOR PLAINTIFF-APPELLANT:                                       John Ojwang Omollo, pro se, Johannesburg, South
    Africa
    FOR DEFENDANTS-APPELLEES:                                      Kevin B. Leblang (Allisa R. Goodman, on the brief),
    Kramer Levin Naftalis & Frankel LLP, New York,
    NY
    1
    Appeal from a judgment of the United States District Court for the Southern District of
    New York (Shira A. Sheindlin, Judge).
    UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,
    ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.
    Plaintiff-appellant John Ojwang Omollo, pro se, (“plaintiff”) appeals from an order of the
    District Court entered May 6, 2008, dismissing his claims against the defendants on the basis of the
    doctrine of forum non conveniens. On appeal, plaintiff argues that the District Court erred in
    concluding that South Africa is an adequate alternative forum and in dismissing his claims pursuant
    to the doctrine of forum non conveniens. We assume the parties’ familiarity with the remaining factual
    and procedural history of this case.
    We review a dismissal under the doctrine of forum non conveniens for abuse of discretion.
    Norex Petroleum Ltd. v. Access Indus., Inc., 
    416 F.3d 146
    , 153 (2d Cir. 2005) (citing Iragorri v. United
    Technologies Corp., 
    274 F.3d 65
    , 72 (2d Cir. 2001) (en banc)). A district court abuses its discretion in
    granting a forum non conveniens dismissal when its decision “(1) rests either on an error of law or on a
    clearly erroneous finding of fact, or (2) cannot be located within the range of permissible decisions,
    or (3) fails to consider all the relevant factors or unreasonably balances those factors.” Pollux Holding
    Ltd. v. Chase Manhattan Bank, 
    329 F.3d 64
    , 70 (2d Cir. 2003) (citation omitted).
    Here, we find no error in the District Court’s forum non conveniens analysis. Accordingly, we
    affirm the judgment of the District Court substantially for the reasons stated in its May 6, 2008
    Memorandum Opinion and Order. See Omollo v. Citibank, N.A., No. 07 Civ. 9259, 
    2008 WL 1966721
     (S.D.N.Y. May 6, 2008).
    CONCLUSION
    We have considered all of plaintiff’s arguments and find them to be without merit. For the
    foregoing reasons, the judgment of the District Court is AFFIRMED.
    FOR THE COURT,
    Catherine O’Hagan Wolfe, Clerk of Court
    2
    

Document Info

Docket Number: 08-3022-cv

Citation Numbers: 361 F. App'x 288

Judges: Cabranes, Gerard, Jose, Lynch, Pooler, Rosemary

Filed Date: 1/22/2010

Precedential Status: Non-Precedential

Modified Date: 8/1/2023