Opinion
03 MDL 1570 (GBD)(SN)
07-19-2022
In re Terrorist Attacks on September 11, 2001 v. Islamic Republic of Iran, No. 1:18-cv-05306 (GBD) (SN) This document relates to: Jessica DeRubbio, et al. Audrey Ades, et al. v. Chang Don Kim, et al. v. Islamic Republic of Iran, No. 1:18-cv-l 1870 (GBD) (SN) Marinella Hemenway, et al. v. Islamic Republic of Iran, No. 1:18-cv-12277 (GBD) (SN) Matthew Rowenhorst, et al. v. BNY Mellon, et al. v. Islamic Republic of Iran, No. 1:19-cv-11767 (GBD) (SN) Ber Barry Aron, et al. v. Jeanmarie Hargrave, et al. v. Paul Asaro, et al. v. Islamic Republic of Iran, No. 1:20-cv-10460 (GBD) (SN) Michael Bianco, et al. v. Islamic Republic of Iran, No. 1:20-cv-10902 (GBD) (SN)
[PROPOSED] ORDER OF PARTIAL FINAL DEFAULT JUDGMENTS IN THE ABOVE-CAPTIONED MATTERS ON BEHALF OF THE PLAINTIFFS IDENTIFIED IN EXHIBITS A AND EXHIBITS B
GEORGE B. DANIELS, UNITED STATES DISTRICT JUDGE
Upon consideration of the evidence and arguments submitted by Plaintiffs identified in Exhibits A and Exhibits B to this Order, Plaintiffs in the above-captioned matters, who are each a spouse, parent, child, or sibling (or the estate of a spouse, parent, child, or sibling) of a victim killed in the terrorist attacks on September 11, 2001 as specifically identified in annexed Exhibits A-l to A-9 (collectively, “Exhibits A”), or the estate of an individual who was killed in the terrorist attacks on September 11, 2001 as specifically identified in annexed Exhibits B-l to B-7 (collectively, “Exhibits B”), and the judgment by default for liability only against Defendant Islamic Republic of Iran (“Iran”) entered or sought as follows:
CASE NAME
CASE NO,
DATE MOTION FOR LIABILITY WAS FILED
ECF NO. FOR MOTION FOR LIABILITY THAT WAS FILED
DATE MOTION FOR LIABILITY WAS GRANTED
ECF NO. FOR I MOTION FOR LIABILITY THAT WAS GRANTED
Jessica DeRubbio, et al. V. Islamic Republic of Iran
No, 1:18-cv-05306 (GBD) (SN)
05/03/2019
ECFNo. 4508
05/28/2019
ECFNo. 4563
Marinella Hemenway, et al. v. Islamic Republic of Iran
No. 1:18-cv-12277 (GBD) (SN)
08/14/2019
ECF No. 4856
09/03/2019
ECFNo. 5054
Matthew Rowenhorst, et al. v. Islamic Republic of Iran
No. 1:18-cv-12387 (GBD) (SN)
08/14/2019
ECF No. 4860
09/03/2019
ECFNo. 5053
Chang Don Kim, et al. v. Islamic Republic of Iran
No. 1:18-cv-11870 (GBD) (SN)
08/14/2019
ECF No. 4841
09/03/2019
ECF No. 5049
Audrey Ades, et al. v. Islamic Republic of Iran
No. 1:18-cv-07306 (GBD) (SN)
05/23/2019
ECF No. 4546
06/21/2019
ECFNo. 4594
BUY Mellon, et al. v. Islamic Republic of Iran
No. 1:19-cv-11767 (GBD) (SN)
11/12/2021
ECF No. 7329
01/04/2022
ECF No. 7522
Michael Bianco, et al. v. Islamic Republic of Iran
No. 1:20-cv-10902 (GBD) (SN)
11/12/2021
ECF No. 7329
01/04/2022
ECF No. 7522
Paul Asaro, et al. v. Islamic Republic of Iran______
No. 1:20-cv-10460 (GBD)
11/12/2021
ECF No. 7329
01/04/2022
ECF No. 7522
; together with the entire record in this case; IT IS HEREBY
Ber Barry Aron, et al. v. Islamic Republic of Iran
(SN) No. 1:20-cv-09376 (GBD) (SN)
11/12/2021
ECF No. 7329
01/04/2022
ECF No. 7522
Jeanmarie Hargrave, et al. v. Islamic Republic of Iran
l:20-cv-09387 (GBD) (SN) __
11/12/2021
ECF No. 7329
01/04/2022
ECF No. 7522 _
ORDERED that service of process in the above-captioned matters was effected upon Iran 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; and it is further
This only applies for the plaintiffs in this motion in the above-referenced 2018 matters.
ORDERED that partial final judgment is entered against Iran on behalf of the Plaintiffs in the above-captioned matters, as identified in the attached Exhibits A, who are each a spouse, parent, child, or sibling (or the estate of a spouse, parent, child, or sibling) of an individual killed in the terrorist attacks on September 11, 2001, as indicated in the attached Exhibits A; and it is further
ORDERED that Plaintiffs identified in the attached Exhibits A are awarded solatium damages of $12,500,000 per spouse, $8,500,000 per parent, $8,500,000 per child, and $4,250,000 per sibling, as set forth in the attached Exhibits A; and it is further
ORDERED that partial final judgment is entered against Iran on behalf of the Plaintiffs in the above-captioned matters, as identified in the attached Exhibits B, who are each the estate of a victim of the terrorist attacks on September 11,2001, as indicated in the attached Exhibits B; and it is further
ORDERED that Plaintiffs identified in the attached Exhibits B are awarded compensatory damages for decedents' pain and suffering in an amount of $2,000,000 per estate, as set forth in the attached Exhibits B; and it is further
ORDERED that the Plaintiff identified in the expert report submitted in support of the Declaration of Jerry S. Goldman, Esq. (“Goldman Declaration”) (and identified in Exhibits B), is awarded economic damages as set forth in the attached Exhibits B and as supported by the expert report and analysis tendered in conjunction with the Goldman Declaration; and it is further
ORDERED that the Plaintiffs identified in the attached Exhibits A and Exhibits 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 fiirther
ORDERED that the Plaintiffs identified in the attached Exhibits A and Exhibits 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 further
ORDERED that the remaining Plaintiffs in the above-captioned matters not appearing in the attached Exhibits A and Exhibits B may submit in later stages applications for damages awards, and to the extent they are for solatium damages or by estates for compensatory damages or for decedents' pain and suffering from the September 11-attacks, they will be approved consistent with those approved herein for the Plaintiffs appearing in the attached Exhibits A and Exhibits B.
Furthermore, the Court respectfully directs the Clerk of the Court to terminate the motions at ECF No. 7571, Case No. 03-md-1570; ECF No. 203, Case No. 18-CV-05306; ECF No. 145, Case No. 18-cv-07306;ECFNo. 150, Case No. 18-cv-11870;ECFNo. 161, Case No. 18-CV-12277; ECFNo. 152,Case No. 18-cv-12387; ECFNo. 85,Case No. 19-CV-11767; ECF No. 83, Case No. 20-cv-09376; ECF No. 78, Case No. 20-cv-09387; ECF No. 79, Case No. 20-cv-10460; ECF No. 67, Case No. 20-cv-10902.
SO ORDERED.