Opinion
03-md-1570 (GBD)(SN) 15-CV-9903 (GBD)(SN)
07-19-2022
In re Terrorist Attacks on September 11, 2001 v. The Islamic Republic of Iran, et al. This document relates to Thomas Burnett, Sr., et al.
CORRECTED ORDER OF PARTIAL FINAL DEFAULT JUDGMENTS ON BEHALF OF BURNET / IRAN PLAINTIFF'S IDENTIFIED AT EXHIBITS A AND B
(BURNET / IRAN XX)
On March 6, 2020, this Court issued an Order granting partial final judgments on behalf of certain plaintiffs in Thomas Burnett, Sr., et al. v. The Islamic Republic of Iran, etal., Case No. 15-cv-9903 (GBD)(SN), specifically those identified as the “Burnett/IranXX” Plaintiffs. See ECF No. 6039. On May 5, 2020, this Court issued an Order that the prior judgment be entered nunc pro tunc giving effect to the prior judgment as of February 19, 2020. Now, Plaintiffs move the Court to amend or correct the prior judgment based on clerical error. Therefore, the Court issues this Corrected Order which remains subject to the May 5, 2020 nunc pro tunc order issued by this Court.
Upon consideration of the evidence and arguments submitted by Plaintiffs identified in Exhibits A and B to this Order, plaintiffs in Thomas Burnett, Sr., et al. v. The Islamic Republic of Iran, et al., Case No. 15-cv-9903 (GBD)(SN), who is a sibling of a victim killed in the terrorist attacks on September 11, 2001 (as identified on Exhibit A), or the estate of an individual who was killed in the terrorist attacks on September 11, 2001 (as identified on Exhibit B), and the Judgment by Default for liability only against the Islamic Republic of Iran, the Islamic Revolutionary Guard Corps, and the Central Bank of the Islamic Republic of Iran (collectively, the “Iran Defendants”) entered on January 31, 2017 (15-cv-9903, ECF No.85), together with the entire record in this case, it is hereby;
ORDERED that service of process was effected upon the Iran Defendants in accordance with 28 U.S.C. § 1608(a) for sovereign defendants and 28 U.S.C. § 1608(b) for agencies and instrumentalities of sovereign defendants;
ORDERED that partial final judgment is entered against the Iran Defendants and on behalf of the Plaintiff in Thomas Burnett, Sr., et al. v. The Islamic Republic of Iran, et al., Case No. 15-cv-9903 (GBD)(SN), as identified in the attached Exhibit A, who is a sibling of an individual killed in the terrorist attacks on September 11, 2001, as indicated in Exhibit A, and it is
ORDERED that Plaintiffs identified in Exhibit A are awarded: solatium damages of $4,250,000 per sibling, as set forth in Exhibit A; and it is
ORDERED that partial final judgment is entered against the Iran Defendants and on behalf of the Plaintiffs in Thomas Burnett, Sr., et al. v. The Islamic Republic of Iran, et al., Case No. 15-cv-9903 (GBD)(SN), as identified in the attached Exhibit B, who are each the estate of a victim of the terrorist attacks on September 11, 2001, as indicated in Exhibit B, and it is
ORDERED that Plaintiffs identified in Exhibit B are awarded: compensatory damages for decedents' pain and suffering in an amount of $2,000,000 per estate, as set forth in Exhibit B; and it is
ORDERED that Plaintiffs identified in the expert reports attached as Exhibit C to the Declaration of John M. Eubanks, dated February 4, 2020 (and identified in Exhibit B), are awarded economic damages as set forth in Exhibit B and as supported by the expert reports and analyses submitted as Exhibit C of the Eubanks Declaration, and it is
Plaintiffs have confirmed that the correct filing date for this Declaration is February 4, 2020 (ECF No. 5840).
ORDERED that Plaintiffs identified in Exhibits A and B are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from September 11,2001 until the date of judgment; and it is
ORDERED that Plaintiffs identified in Exhibits A and B may submit an application for punitive damages, economic damages, or other damages (to the extent such awards have not previously been ordered) at a later date consistent with any future rulings made by this Court on this issue, and it is
ORDERED that the remaining Burnett/Iran Plaintiffs not appearing on Exhibits A or B, may submit in later stages applications for damages awards, and to the extent they are for solatium or by estates for compensatory damages' for decedents' pain and suffering from the September 11 attacks, they will be approved consistent with those approved herein for the Plaintiffs appealing on Exhibits A and B.
FURTHERMORE, the Court respectfully directs the Clerk of the Court to terminate the motion at ECF No. 7640.
SO ORDERED.