WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) Otto ‘‘to be alone anymore.’’ C. W. Decl. ¶ 24. Over the next couple of days at the hospital, Otto’s family was advised by medical personnel about the severity of Otto’s brain damage: he was a ‘‘vegetable,’’ completely unresponsive to his family, blind, deaf and without ‘‘any signs of consciousness.’’ F. W. Decl. ¶ 25; H’rg Tr. (Rough) at 33, 36 (F. W.). In addition to these horrendous signs of his torture, Otto also had ‘‘a large scar on his left foot,’’ a wound not present before he left for North Korea, and his once ‘‘perfectly straight’’ teeth were ‘‘noticeably misaligned.’’ F. W. Decl. ¶ 24; H’rg Tr. (Rough) at 36 (F. W.); id. at 61 (C. W.). Seeing Otto in that state ‘‘was horrible.’’ H’rg Tr. (Rough) at 36 (F. W.). Otto’s lead neurologist, Dr. Daniel Kanter, concluded Otto’s brain damage most likely resulted from the loss of blood flow to the brain for a period of five to twenty minutes. Kanter Decl. ¶ 15. Otto was in an unrecoverable state of non-responsiveness. Id. ¶ 16. After Otto’s physicians concluded that his condition would never improve, Otto’s family transitioned him to palliative care and ultimately ceased feeding and breathing assistance. Id. ¶ 20; F. W. Decl. ¶ 25. Otto died quickly on June 19, 2017, less than a week after his release from North Korea. Kanter Decl. ¶ 20. Since Otto’s death, North Korea has denied any responsibility, calling his death a mystery and blaming it on ‘‘botulism’’ and the United States government. F. W. Decl. ¶ 24; Hatch Decl., Ex. G (KCNA Article titled, ‘‘DPRK FM Spokesman Accuses 4. The plaintiffs have submitted eleven declarations, with exhibits, that detail evidence about (1) Otto’s detention in North Korea, see Hatch Decl.; C. W. Decl.; F. W. Decl.; (2) Otto’s medical and dental history, see Kanter Decl., Decl. of Dr. Murray Dock, ECF No. 165; Decl. of Dr. Todd Williams, ECF No. 16-6; Decl. of Dr. Barbara J. Walker, ECF No. 18 (sealed); (3) expert declarations on North Korean torture, hostage taking, and extrajudicial 41 U.S. of Slandering Humanitarian Measure’’). B. Procedural History Plaintiffs Fred and Cindy Warmbier, individually and as personal representatives of the estate of Otto Warmbier, filed this lawsuit against North Korea, on April 26, 2018. See Compl. They served North Korea in accordance with the FSIA, which provides the procedure for completing service upon a foreign state or political subdivision of a foreign state. Decl. Supp. Default, ECF No. 13; see also infra Part III.B for further discussion. After the plaintiffs sought entry of default, see Decl. Supp. Default, the Clerk entered default against North Korea on September 7, 2018, see Entry of Default, ECF No. 14; see also FED. R. CIV. P. 55(a) (‘‘When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.’’). The plaintiffs subsequently filed the instant motion for default judgment, see Pls.’ Mot. Default J., ECF No. 16 (‘‘Pls.’ Mot.’’), supported by eleven declarations, as well as testimony and exhibits presented at an evidentiary hearing on December 19, 2018, pursuant to Federal Rule of Civil Procedure 55(b)(2).4 The plaintiffs’ motion for default judgment is now ripe for review. II. LEGAL STANDARD [1] Under Federal Rule of Civil Procedure 55(b)(2), a court may consider enterkilling, see Expert Decl. of Professor SungYoon Lee (‘‘Lee Expert Decl.’’), ECF No. 16-8; Hawk Expert Decl.; Collins Expert Decl.; and (4) an expert report on lost wages, see Report of James V. Koch (‘‘Koch Report’’), ECF No. 16-11. The plaintiffs also filed post-hearing evidence regarding Otto’s medical expenses. See Decl. of Benjamin L. Hatch (‘‘Hatch Medical Expenses Decl.’’), ECF No. 23 (sealed).

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