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723 FEDERAL SUPPLEMENT, 2d SERIES
The plaintiffs are the family members
and estates of Carmelo and Pablo.3
Plaintiffs allege that the Lod Airport
Attack was carried out as a joint operation
by the Japanese Red Army (‘‘JRA’’) and
the Popular Front for the Liberation of
Palestine (‘‘PFLP’’) terrorist organizations, with the material support of the
named defendants, the Democratic People’s Republic of North Korea (‘‘North Korea’’) and North Korea’s Cabinet General
Intelligence Bureau (‘‘CGIB’’) (‘‘defendants’’).4
Plaintiffs’ Complaint was filed on March
27, 2008. (Docket No. 1) As required by
section 1608(a)-(b) of the FSIA, the Clerk
initiated service of process on the defendants, which process included copies of the
Complaint, summonses and a Notice of
Suit, and Korean-language translations of
those documents. (Docket No. 7)
Service was effected on North Korea
and CGIB on July 21, 2008, pursuant to
the provisions of FSIA section 1608(a)-(b).
(Docket No. 8)
After the sixty-day period provided by
section 1608 had passed without the defendants filing an answer or otherwise responding to this action, plaintiffs moved
for entry of default against defendants
pursuant to Rule 55(a). (Docket No. 8) On
October 31, 2008, the Court entered default against defendants North Korea and
CGIB. (Docket No. 9)
Notwithstanding defendants’ default, the
FSIA requires that a default judgment
against a foreign state be entered only
after a plaintiff ‘‘establishes his claim or
right to relief by evidence that is satisfactory to the Court.’’ 28 U.S.C. § 1608(e).
this case unless it finds that the plaintiffs
have shown ‘‘by evidence that is satisfactory to the Court’’ that the Court has jurisdiction and that the defendants are liable.
See e.g. Holland v. Islamic Republic of
Iran, 496 F.Supp.2d 1, 12 (D.D.C.2005)
(‘‘Every case brought against a foreign
state raises two distinct and crucial legal
questions. First, the Court must look to
whether it has jurisdiction to hear the
claim. In the context of claims implicating
the parameters of the FSIA, this jurisdictional determination is guided by an inquiry into whether the case falls within one of
the statutory exceptions to the sovereign
immunity of a foreign state. Second, the
Court must consider the actual liability of
the defendant foreign sovereign.’’) (citations omitted).
At the same time, pursuant to section
1608(e) ‘‘the Court may accept as true the
plaintiffs’
uncontroverted
evidence.’’
Wachsman v. Islamic Republic of Iran,
603 F.Supp.2d 148, 155 (D.D.C.2009) (internal quotations omitted) (citing Elahi v.
Islamic Republic of Iran, 124 F.Supp.2d
97, 100 (D.D.C.2000)). See also Botvin v.
Islamic Republic of Iran, 604 F.Supp.2d
22, 26 (D.D.C.2009) (same); Gates v. Syrian Arab Republic, 580 F.Supp.2d 53, 63
(D.D.C.2008) (same); Alejandre v. Republic of Cuba, 996 F.Supp. 1239, 1243
(S.D.Fla.1997) (same).
Thus, pursuant to section 1608(e), this
Court cannot enter default judgment in
The ‘‘satisfactory to the court’’ standard
contained in 28 U.S.C. § 1608(e) is identical to the standard for entry of default
judgments against the United States government in Rule 55(e). Compañia Interamericana Export–Import, S.A. v. Compañia Dominicana de Aviacion, 88 F.3d 948,
951 (1996).
3.
4.
Additionally, the estates and heirs of various
family members of Carmelo and Pablo who
passed away in the years since the attack are
also plaintiffs.
The Complaint also names as defendants
‘‘John Does 1–10,’’ but because these defendants have neither been identified nor served,
they are dismissed from this action.