42
356 FEDERAL SUPPLEMENT, 3d SERIES
ing a default judgment when a party applies for that relief. See FED. R. CIV. P.
55(b)(2). ‘‘[S]trong policies favor resolution
of disputes on their merits,’’ and therefore,
‘‘ ‘[t]he default judgment must normally be
viewed as available only when the adversary process has been halted because of an
essentially unresponsive party.’ ’’ Jackson
v. Beech, 636 F.2d 831, 836 (D.C. Cir. 1980)
(quoting H.F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, 432 F.2d
689, 691 (D.C. Cir. 1970) ).
[2–5] Notwithstanding its appropriateness in some circumstances, ‘‘entry of a
default judgment is not automatic.’’ Mwani
v. bin Laden, 417 F.3d 1, 6 (D.C. Cir. 2005)
(footnote omitted). Thus, the procedural
posture of a default does not relieve a
federal court of its ‘‘affirmative obligation’’
to determine whether it has subject matter
jurisdiction over the action. James Madison Ltd. by Hecht v. Ludwig, 82 F.3d 1085,
1092 (D.C. Cir. 1996). Additionally, ‘‘a
court should satisfy itself that it has personal jurisdiction before entering judgment against an absent defendant.’’
Mwani, 417 F.3d at 6. The ‘‘plaintiffs retain ‘the burden of proving personal jurisdiction, [and] they can satisfy that burden
with a prima facie showing.’ ’’ Id. (quoting
Edmond v. U.S. Postal Serv. Gen. Counsel, 949 F.2d 415, 424 (D.C. Cir. 1991) ). In
doing so, ‘‘they may rest their argument
on their pleadings, bolstered by such affidavits and other written materials as they
can otherwise obtain.’’ Id. at 7.
[6] When default judgment is sought
under the FSIA, a claimant must ‘‘establish[ ] his claim or right to relief by evidence satisfactory to the court.’’ 28 U.S.C.
§ 1608(e). ‘‘This provides foreign sovereigns a special protection akin to that assured the federal government by FED. R.
CIV. P. 55(e),’’ which has been renumbered
by the 2007 amendment to Rule 55(d).
Jerez v. Republic of Cuba, 775 F.3d 419,
423 (D.C. Cir. 2014); see also H.R. REP.
No. 94-1487, at 26 (1976) (stating that
§ 1608(e) establishes ‘‘the same requirement applicable to default judgments
against the U.S. Government under rule
55(e), F.R. Civ. P.’’). While the ‘‘FSIA
leaves it to the court to determine precisely how much and what kinds of evidence
the plaintiff must provide, requiring only
that it be ‘satisfactory to the court,’ ’’
courts must be mindful that Congress enacted Section 1605A, FSIA’s terrorism exception, and Section 1608(e) with the
‘‘aim[ ] to prevent state sponsors of terrorism—entities particularly unlikely to submit to this country’s laws—from escaping
liability for their sins.’’ Han Kim v. Democratic People’s Republic of Korea, 774 F.3d
1044, 1047–48 (D.C. Cir. 2014) (quoting 28
U.S.C. § 1608(e) ).
[7, 8] With this objective in mind, the
D.C. Circuit has instructed that ‘‘courts
have the authority—indeed, we think, the
obligation—to ‘adjust evidentiary requirements to TTT differing situations.’ ’’ Id. at
1048 (quoting Bundy v. Jackson, 641 F.2d
934, 951 (D.C. Cir. 1981) ) (alteration
adopted). Courts must draw their ‘‘findings
of fact and conclusions of law from admissible testimony in accordance with the
Federal Rules of Evidence.’’ Id. at 1049
(quoting Daliberti v. Republic of Iraq, 146
F.Supp.2d 19, 21 n.1 (D.D.C. 2001) ). Uncontroverted factual allegations that are
supported by admissible evidence are taken as true. Roth v. Islamic Republic of
Iran, 78 F.Supp.3d 379, 386 (D.D.C. 2015)
(‘‘Courts may rely on uncontroverted factual allegations that are supported by affidavits.’’ (citing Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 171 (D.D.C.
2010) ) ); Gates v. Syrian Arab Republic,
580 F.Supp.2d 53, 63 (D.D.C. 2008), aff’d,
646 F.3d 1 (D.C. Cir. 2011) (quoting Estate
of Botvin v. Islamic Republic of Iran, 510
F.Supp.2d 101, 103 (D.D.C. 2007) ); accord