DOE v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 414 F.Supp.3d 109 (D.D.C. 2019)
disputes.’’ Arb. Offer Ex. 4, Dkt. 33-1
(quoting Simpson, 326 F.3d at 232). The
arbitration offer accompanied the service
package, but the offer need not precede
the complaint. See Simpson, 326 F.3d at
233–34.
B.
Personal Jurisdiction
[25] The Court also has personal jurisdiction over North Korea. To have personal jurisdiction over a foreign state under
the FSIA, a court must have subject matter jurisdiction over the claims, and the
foreign state must have been properly
served. See 28 U.S.C § 1330(b). As explained, this Court has subject matter jurisdiction over all claims presented here.
And North Korea was properly served.
The first two methods for service prescribed by § 1608(a) are inapplicable here,
see supra Part II.B, meaning that the
claimants needed to try to serve North
Korea ‘‘by any form of mail requiring a
signed receipt,’’ id. § 1608(a)(3). The service package was delivered using DHL
International to the Ministry of Foreign
Affairs of North Korea where it was
signed for and accepted. Return Serv., Ex.
9, Dkt 33-1. This method of service satisfies § 1608(a)(3). See Gates v. Syrian Arab
Republic, 646 F.3d 1, 4 (D.C. Cir. 2011).
C.
Standing
[26] Four groups have standing to
bring a cause of action under § 1605A(c):
nationals of the United States; members of
the U.S. armed forces; employees or contractors of the U.S. government acting
within the scope of their employment; and
the legal representatives of any of these
three groups. 28 U.S.C. § 1605A(c). The
9.
All family member plaintiffs were U.S. citizens by birth, with four exceptions: Plaintiffs
B-46 and C-9 became naturalized citizens
while the men were held hostage, Pls.’ Ex. 1,
Vol. 7 at 8, 190, Dkt. 32-9, and plaintiffs B-83
125
plaintiffs in each group—crew members,
family members, and their estates—have
such standing.
Crew members. All crew member plaintiffs were either U.S. nationals or members of the armed forces. Thus, plaintiffs
A-1, A-2, A-4 through A-34, A-36, and A-38
through A-49 have standing to bring this
cause of action.
[27] Family members. All family member plaintiffs are currently U.S. nationals
and thus also have standing.9 While foreign
family members ‘‘need’’ state tort law to
bring claims, U.S. nationals can rely upon
§ 1605A(c). Owens I, 864 F.3d at 809.
Compare 28 U.S.C. § 1605A(c) (omitting
the requirement for a plaintiff to satisfy
the requirement of being a U.S. national at
time of occurrence), with 28 U.S.C.
§ 1605A(a)(2)(A)(ii) (requiring that either
the victim or claimant have satisfied the
requirement ‘‘at the time the act TTT occurred’’). Thus, plaintiffs B-2 through B-72
and B-74 through B-91 have standing to
bring this cause of action.
[28] Estates. The estate plaintiffs also
have standing under § 1605A. An estate of
a plaintiff who would have had standing to
sue ‘‘is expressly covered by, and entitled
to bring claims under, Section 1605A(c).’’
Braun v. Islamic Republic of Iran, 228 F.
Supp. 3d 64, 78–79 (D.D.C. 2017); see also
Fed. R. Civ. P. 17(a)(1) and (b)(3) (an
estate’s executor, administrator, or any
other person authorized by statute may
bring suit). The estate plaintiffs’ decedents
all would have had standing to sue in their
own right because they all were U.S. citizens, members of the armed forces, or
both.10 As such, the estate plaintiffs—
and B-69 became naturalized citizens after
the Pueblo incident, id. Vol. 4 at 38; Vol. 8 at
156–57, Dkt. 32-10.
10. See, e.g., Pls.’ Ex.1 Vol. 1 at 10, 31, 40, 55,
63; id. Vol. 5 at 7, 11, 15, 17–20; id. Vol. 6 at