WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) 2. Federal Civil Procedure O2411 Notwithstanding its appropriateness in some circumstances, entry of default judgment is not automatic. Fed. R. Civ. P. 55(b)(2). 3. Federal Civil Procedure O2411 Procedural posture of default does not relieve federal court of its affirmative obligation to determine whether it has subject matter jurisdiction over action. Fed. R. Civ. P. 55(b)(2). 4. Federal Civil Procedure O2393 Court should satisfy itself that it has personal jurisdiction before entering judgment against absent defendant. 5. Federal Courts O2791 Plaintiffs retain burden of proving personal jurisdiction over defendants. 6. International Law O10.33, 10.42 While Foreign Sovereign Immunities Act (FSIA) leaves it to court to determine precisely how much and what kinds of evidence plaintiff must provide to obtain default judgment against foreign state, courts must be mindful that Congress enacted FSIA’s terrorism exception and its default judgment provision with aim to prevent state sponsors of terrorism—entities particularly unlikely to submit to United States’ laws—from escaping liability for their sins. 28 U.S.C.A. §§ 1605A, 1608(e). 7. International Law O10.42 In ruling on motion for default judgment against foreign sovereign in action under Foreign Sovereign Immunities Act (FSIA), courts must draw their findings of fact and conclusions of law from admissible testimony in accordance with Federal Rules of Evidence. 28 U.S.C.A. § 1608(e). 8. International Law O10.42 In ruling on motion for default judgment against foreign sovereign in action under Foreign Sovereign Immunities Act 31 (FSIA), uncontroverted factual allegations that are supported by admissible evidence are taken as true. 28 U.S.C.A. § 1608(e). 9. International Law O10.42 In Foreign Sovereign Immunities Act (FSIA) default proceeding, district court can find that evidence presented is satisfactory when plaintiff shows her claim has some factual basis, even if she might not have prevailed in contested proceeding. 28 U.S.C.A. § 1608(e). 10. International Law O10.44 Courts are accorded unusual degree of discretion over evidentiary rulings in Foreign Sovereign Immunities Act (FSIA) case against defaulting state sponsor of terrorism. 28 U.S.C.A. §§ 1605A, 1608(e). 11. International Law O10.42 In Foreign Sovereign Immunities Act (FSIA) case, default judgment may be entered when (1) court has subject matter jurisdiction over claims, (2) personal jurisdiction is properly exercised over defendants, (3) plaintiffs have presented satisfactory evidence to establish their claims against defendants, and (4) plaintiffs have satisfactorily proven that they are entitled to monetary damages they seek. 28 U.S.C.A. § 1608(e). 12. International Law O10.31 Foreign governments are generally immunized from lawsuits brought against them in United States unless Foreign Sovereign Immunities Act (FSIA) exception applies. 28 U.S.C.A. § 1604. 13. International Law O10.33 Subject matter jurisdiction under Foreign Sovereign Immunities Act’s (FSIA) terrorism exception may be exercised when plaintiff establishes that: (1) foreign state was designated as state sponsor of terrorism at time of act or was so designated as result of such act, and remains so