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Ashton v. Al Qaeda Islamic Army (In re Terrorist Attacks)

United States District Court, S.D. New York
Jul 28, 2022
03 MDL 1570 (GBD)(SN) ECF (S.D.N.Y. Jul. 28, 2022)

Opinion

03 MDL 1570 (GBD)(SN) ECF

07-28-2022

In re Terrorist Attacks on September 11, 2001 This document relates to: Ashton et al. v. al Qaeda Islamic Army, et al., 02-cv-6977 (GBD)(SN) and member case Marie Laure Anaya, et al. v. Islamic Republic of Iran, 1:18-cv-12341 (GBD) (SN)


[PROPOSED] PARTIAL FINAL DEFAULT JUDGMENT (ANAYA/IRAN II)

GEORGE B. DANIELS, UNITED STATES DISTRICT JUDGE

Upon consideration of the evidence and arguments submitted by Anaya/Iran Plaintiffs Rosemary Puma, John Puma, and William J. Posa as personal representative of the Estate of Grace Posa, who are (or represent) siblings of the late Debra Ann DiMartino who was killed in the terrorist attacks on September 11,2001, and the judgment on default as to liability entered against the Islamic Republic of Iran on October 5, 2021 in the above-captioned Marie Laure Anaya, etal. v. Islamic Republic of Iran, 1:18-cv-12341 (GBD) (SN) (ECF No. 70) and in the above-captioned Multidistrict Litigation (ECF No. 7178), together with the entire record in this case, it is hereby;

ORDERED that service of process was effectuated upon the Islamic Republic of Iran in accordance with 28 U.S.C. § 1608(a); and it is

ORDERED that, there being no just reason for delay, partial final judgment is entered against the Islamic Republic of Iran and in favor of Anaya/Iran Plaintiffs Rosemary Puma, John Puma, and William J. Posa as personal representative of the Estate of Grace Posa, each of whom is (or represents) a sibling of the late Debra Ann DiMartino who was killed in the terrorist attacks on September 11, 2001; and it is

ORDERED that Anaya/Iran Plaintiffs Rosemary Puma, John Puma, and William J. Posa as personal representative of the Estate of Grace Posa are each awarded solatium damages of $4,250,000 against the Islamic Republic of Iran as set forth in Exhibit A hereto; and it is

ORDERED that Anaya/Iran Plaintiffs Rosemary Puma, John Puma, and William J. Posa as personal representative of the Estate of Grace Posa are each awarded prejudgment interest on the damages hereby awarded to be calculated at a rate of 4.96 percent per annum, compounded annually, running from September 11, 2001 until the date of this judgment; and it is

ORDERED that Anaya/Iran Plaintiffs Rosemary Puma, John Puma, and William J. Posa as personal representative of the Estate of Grace Posa may submit applications for punitive or other damages at a later date consistent with any future rulings of this Court; and it is

ORDERED that other Anaya/Iran Plaintiffs may submit in later stages applications for damages awards, and to the extent they seek solatium such applications will be approved consistent with those approved herein.

Furthermore, the Court respectfully directs the Clerk of Court to terminate the motion at ECF 8247 in 03-MDL-1570 (GBD)(SN) and ECF No. 108 in 18-cv-12341 (GBD)(SN).

SO ORDERED.


Summaries of

Ashton v. Al Qaeda Islamic Army (In re Terrorist Attacks)

United States District Court, S.D. New York
Jul 28, 2022
03 MDL 1570 (GBD)(SN) ECF (S.D.N.Y. Jul. 28, 2022)
Case details for

Ashton v. Al Qaeda Islamic Army (In re Terrorist Attacks)

Case Details

Full title:In re Terrorist Attacks on September 11, 2001 This document relates to…

Court:United States District Court, S.D. New York

Date published: Jul 28, 2022

Citations

03 MDL 1570 (GBD)(SN) ECF (S.D.N.Y. Jul. 28, 2022)