120
414 FEDERAL SUPPLEMENT, 3d SERIES
ly for some, figuratively for all. Men who
once had been outgoing fathers, husbands,
and friends became angry, reclusive, or
withdrawn. See, e.g., Pls.’ Ex. 1, Vol. 5 at 4,
Dkt. 32-7; id. at 32; id. at 55. Some remained ‘‘captive emotionally and psychologically long after’’ being physically freed.
Id. at 5. Many suffer from post-traumatic
stress disorder and a variety of muscular,
spine, and joint ailments. See, e.g., Pls.’ Ex.
1, Vol. 1 at 60.
The crew’s families also suffered. As
their loved ones endured prolonged captivity, family members ‘‘lived in constant and
torturous fear’’ and ‘‘suffered severe distress at the thought of never seeing [them]
again.’’ Pls.’ Ex. 1, Vol. 5 at 61; see also id.
at 68. After the crewmen returned, their
family members’ distress often continued
with ‘‘recurring nightmares,’’ ‘‘separation
anxiety,’’ and a belief of being ‘‘robbed of
[a] childhood’’ due to the difficulty of building a relationship with a frequently angry
father. Id. at 32, 54, 74.
quirement ‘‘provides foreign sovereigns a
special protection’’ before a court reaches
default judgment, Jerez v. Republic of
Cuba, 775 F.3d 419, 423 (D.C. Cir. 2014),
‘‘neither Rule [55(d) ] nor § 1608(e) relieves the sovereign from the duty to defend cases,’’ Commercial Bank of Kuwait
v. Rafidain Bank, 15 F.3d 238, 242 (2d
Cir. 1994) (citations omitted). In fact,
‘‘[u]ncontroverted factual allegations that
are supported by admissible evidence are
taken as true.’’ Warmbier, 356 F. Supp. 3d
at 42; see also Bodoff v. Islamic Republic
of Iran, 424 F. Supp. 2d 74, 82 (D.D.C.
2006). And default judgments under
§ 1608(e) may rely on the plaintiffs’ affidavits and declarations and on public record
evidence because so ‘‘long as the evidence
itself is admissible’’ the uncontroverted evidence’s ‘‘form or type is irrelevant TTT as
to whether [the plaintiffs] have satisfied
their burden of production.’’ Owens I, 864
F.3d at 788–89.
B.
II.
LEGAL STANDARDS
Before entering default judgment, the
Court must determine whether the plaintiffs have established their claims by satisfactory evidence. To recover under the
FSIA’s private cause of action against foreign state sponsors of terrorism, the plaintiffs must establish subject matter jurisdiction, personal jurisdiction, standing, and
liability.
A.
Default Judgment
[4–8] A plaintiff can obtain default
judgment by ‘‘establish[ing] his claim or
right to relief by evidence satisfactory to
the court.’’ 28 U.S.C. § 1608(e). This standard ‘‘mirrors’’ Federal Rule of Civil Procedure 55(d), which governs default judgements against the U.S. government. Owens
v. Republic of Sudan (Owens I), 864 F.3d
751, 785 (D.C. Cir. 2017). Though this re-
Subject Matter Jurisdiction
This Court has ‘‘original jurisdiction
without regard to amount in controversy of
any nonjury civil action against a foreign
state TTT as to any claim for relief in
personam with respect to which the foreign state is not entitled to immunity.’’ 28
U.S.C. § 1330(a). The decisive issue here is
whether North Korea, a foreign state, is
entitled to immunity.
[9–11] The Court ‘‘begins with a presumption of immunity’’ for foreign states,
and U.S. courts lack subject matter jurisdiction over claims against foreign states
unless certain exceptions under the FSIA
apply. Bell Helicopter Textron, Inc. v. Islamic Republic of Iran, 734 F.3d 1175,
1183 (D.C. Cir. 2013); 28 U.S.C. § 1604.
But ‘‘if a plaintiff satisfies his burden of
production [that an exception to immunity
applies] and the defendant fails to present