Ayekaba v. Mba

Background

Pedro Micha Ayekaba, representing himself, filed a breach-of-contract action seeking $17,000 plus interest for allegedly unpaid wages from work as a driver. He originally filed the case in the Civil Court of the City of New York. Before valid service was completed, Anatolio Ndong Mba and the Permanent Mission of Equatorial Guinea to the United Nations removed the case to the Southern District of New York.

The defendants moved to dismiss and for judgment on the pleadings under Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), 12(b)(6), and 12(c). They argued, among other things, that the Mission had immunity under the Foreign Sovereign Immunities Act and that Mba, identified as the Mission’s Permanent Representative and Ambassador, had diplomatic immunity under the Diplomatic Relations Act.

Report and Recommendation

The district court had referred the motion to Magistrate Judge Stewart D. Aaron. After Ayekaba did not respond to the motion or to an order requiring him to explain why the case should not be dismissed, Judge Aaron recommended granting the defendants’ motion for lack of subject-matter jurisdiction—that is, lack of legal authority for the federal court to hear the case.

Judge Aaron concluded that the Mission was immune under the Foreign Sovereign Immunities Act because Ayekaba had not shown that an exception applied. The recommendation also concluded that Mba was immune under the Diplomatic Relations Act. Ayekaba did not file objections after receiving the recommendation and a warning that failing to object could waive further review.

District Court’s Review

Because Ayekaba filed no objections, the court reviewed the recommendation for clear error on the face of the record rather than conducting a full new review. The court found no error. It agreed that the Mission was immune under the Foreign Sovereign Immunities Act and that Mba was immune under the Diplomatic Relations Act. The court therefore concluded that it lacked subject-matter jurisdiction.

Disposition

Judge Paul G. Gardephe adopted Judge Aaron’s Report and Recommendation in its entirety and dismissed the action for lack of subject-matter jurisdiction. The Clerk of Court was directed to terminate all pending motions, close the case, and mail Ayekaba a copy of the order by certified mail. The opinion does not state that the dismissal was with or without prejudice.