Li v. Certain Underwriters at Lloyd's, London et al
| Eduardo Li |
| Axis Specialty Europe SE and Certain Underwriters at Lloyd's, London |
| 1:2015cv06099 |
| October 23, 2015 |
| U.S. District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J. Dearie |
| James Orenstein |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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Filing
34
MEMORANDUM AND ORDER: Eduardo Li, one of the defendants in the racketeering and fraud prosecution against officials of the Federacion Internationale de Football Association ("FIFA") and its member associations, United States v. Webb, 15 CR 252 (RJD), moves in this civil action for a preliminary injunction on his breach of contract claim directing the defendant insurers ("Insurers") to pay and advance his criminal defense costs. As a threshold matter, however, the Court must a ddress whether it has jurisdiction: Li initially brought this claim in state court; the Insurers, claiming diversity of citizenship, removed; then, in an unusual turn, the Insurers quickly reported that their removal was improper; and Li, conceding t he absence of original subject matter jurisdiction but not seeking remand, asks the Court to retain the case by an exercise of its ancillary jurisdiction. As a coda to their latest position on jurisdiction, the Insurers invoke the doctrine of forum n on conveniens and a forum selection clause in the governing contract as alternative bases to dismiss the action they removed. For the reasons that follow, the Court concludes that an exercise of ancillary jurisdiction is proper in this case, that the Insurers' asserted grounds for dismissal are lacking in merit, and that Li has made the necessary showing for the injunctive relief he seeks. For the foregoing reasons, the Insurers' motion to dismiss is denied and Li's motion for a p reliminary injunction is granted. The Insurers are ordered to immediately reimburse andadvance to Li his legal costs incurred in connection with his indictment, extradition, and defense in United States v. Webb, 15-CR-252. Re 14 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION REQUIRING DEFENDANTS TO PAY DEFENSE COSTS. Ordered by Judge Raymond J. Dearie on 4/27/2016. (Rodriguez, Lori)
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