30

356 FEDERAL SUPPLEMENT, 3d SERIES

Sprint had not been paying fair market
value for its entire use of the Site. Whatever the merits of that determination, the
record here simply provides no basis for
the Court to second-guess it.
Therefore, the Court cannot conclude
that BLM exceeded its statutory authority
under the FLPMA merely by requiring
Sprint to pay two separate fees in connection with these two separate rights-of-way.
IV.

Conclusion

For all of the above reasons, in a separate Order, Defendants’ Motion for Summary Judgment (ECF No. 24) will be
granted and Sprint’s Motion for Summary
Judgment (ECF No. 23) will be denied.

,
Cynthia WARMBIER, et al., Plaintiffs,
v.
DEMOCRATIC PEOPLE’S
REPUBLIC OF KOREA,
Defendant.
Civil Action No. 18-977 (BAH)
United States District Court,
District of Columbia.
Signed 12/24/2018

ties Act (FSIA) to recover damages for
their son’s torture, hostage taking, and
extrajudicial killing. Parents moved for default judgment.
Holdings: The District Court, Beryl A.
Howell, Chief Judge, held that:
(1) action fell within scope of FSIA’s terrorism exception;
(2) there was sufficient evidence that
North Korea tortured son to support
invocation of FSIA’s terrorism exception;
(3) there was sufficient evidence that
North Korea took son hostage to support invocation of FSIA’s terrorism exception;
(4) son’s death was ‘‘extrajudicial killing’’
within meaning of FSIA’s terrorism
exception;
(5) lost earnings award of $6,038,308 was
warranted;
(6) award of $15 million in compensatory
damages for pain and suffering was
warranted;
(7) parents were entitled to solatium
awards of $15 million each; and
(8) parents and estate were entitled to
punitive damages awards of $150 million each.
Motion granted.
1. Federal Civil Procedure O2415

Background: Parents, individually and as
personal representatives of their deceased
son’s estate, brought action against Democratic People’s Republic of Korea (North
Korea) under Foreign Sovereign Immuni-

Default judgment must normally be
viewed as available only when adversary
process has been halted because of essentially unresponsive party. Fed. R. Civ. P.
55(b)(2).

allows for the possibility that Sprint might
have to pay additional fees for its use of the
Site by requiring it to use the Site ‘‘in compliance with all applicable TTT regulations TTT of
any governmental bodies and administrative
agencies’’ and ‘‘obtain, at its own expense,

any and all necessary licenses or permits TTT
from such governmental authorities as shall
have jurisdiction in connection with the construction, installation, operation, repair, alteration, or replacement of [its] equipment or
with any of its activities thereon.’’ AR 965.

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