Opinion
16 Misc. 405 (LGS) (SN) 18 Misc. 545 (LGS) (SN)
01-06-2023
KEITH STANSELL, et al., Claimants, v. REVOLUTIONARY ARMED FORCES OF COLOMBIA (FARC), et al., Defendants. OLIVIA PESCATORE, et al., Claimants, v. JUVENAL OVIDIO RICARDO PALMERA PINEDA, et al., Defendants.
FINAL JUDGMENT ON CLAIMANTS' INTERPLEADER CROSSCLAIMS
LORNA G. SCHOFIELD, District Judge:
Pursuant to the Court's December 21, 2022 Opinion and Order [Docket Number 497] adopting in full the March 29, 2022 Report and Recommendations of Magistrate Judge Sarah Netburn [Docket Number 443], and pursuant to Fed.R.Civ.P. 12(c), the following Declaratory Judgment is hereby ORDERED AND ADJUDGED:
1. Treble damages awarded under the Antiterrorism Act (“ATA”), 18 U.S.C. § 2333(a) are compensatory damages because they are remedial in nature, and function, in essence, as a form of liquidated damages.
2. The full $318,030,000 award of the Stansell judgment is for compensatory damages fully collectible under TRIA. The full $69,000,000 award of the Pescatore judgment is for compensatory damages fully collectible under TRIA.
3. Caballero is entitled to collect both the economic and non-economic compensatory damages awarded in his ATA judgment, which amounts were trebled, and such trebled amounts are compensatory damages fully collectible under TRIA per paragraph 1 above.
4. Caballero holds a valid ATA judgment that is not void as a matter of law for lack of subject matter jurisdiction or personal jurisdiction.
5. JUDGMENT is hereby entered in favor of the STANSELL/PESCATORE claimants and against claimant ANTONIO CABALLERO on Caballero's interpleader crossclaims [Docket Numbers 261, 262, 263, 264, 301, 335 and 376].
6. JUDGMENT is hereby entered in favor of Claimant ANTONIO CABALLERO and against the STANSELL/PESCATORE Claimants on the STANSELL/PESCATORE interpleader crossclaims [Docket Numbers 268, 269, 270, 271, 272, 273, 310 and 328].
7. In light of the foregoing Judgments, the omnibus motion filed by the STANSELL/PESCATORE Claimants [Docket Number 330] and the motion filed by the CABALLERO Claimant [Docket Number 348], on their respective interpleader crossclaims, are hereby DENIED AS MOOT.