118 414 FEDERAL SUPPLEMENT, 3d SERIES Court cannot ‘‘simply adopt previous factual findings without scrutiny.’’ Worley v. Islamic Republic of Iran, 75 F. Supp. 3d 311, 319 (D.D.C. 2014). But it may ‘‘rely on the evidence presented in the earlier litigation and make [its] own independent findings of fact based on that evidence.’’ Opati v. Republic of Sudan, 60 F. Supp. 3d 68, 73 (D.D.C. 2014). The Court takes notice of the Massie record and Judge Kennedy’s findings of fact because those findings withstand scrutiny and because this action and Massie arose from the same incident: the 1968 capture, imprisonment, and torture of the Pueblo’s crew. 1. Capture of the USS Pueblo On January 23, 1968, the Pueblo was carrying eighty-three crew members through international waters 15.5 miles from the North Korean island of Ung-Do. Pls.’ Ex. 5 at 1658, Dkt. 34-1; Massie, 592 F. Supp. 2d at 60–61. The Pueblo was on a noncombat mission and had orders to stay in international waters, so the U.S. Navy had assessed the Pueblo’s deployment risk as ‘‘Minimal’’ and the ship was lightly armed. Pls.’ Ex. 12 at 94, Dkt. 34-3; Massie, 592 F. Supp. 2d at 61. The Pueblo followed orders and remained in international waters in the Sea of Japan throughout its deployment. Pls.’ Ex. 5 at 1658. At midday, a North Korean submarine chaser approached the Pueblo and signaled the Pueblo to ask about its nationality. Massie, 592 F. Supp. 2d at 61. The Pueblo responded by hoisting the flag signal for ‘‘hydrographic work in progress’’ and displaying an American flag. Pls.’ Ex. 7 at 55, Dkt. 34-2. As three North Korean torpedo boats approached ‘‘at a high rate of speed,’’ the submarine chaser signaled a demand 5. Alternatively, the monograph ‘‘The Capture of the USS Pueblo and Its Effect on SIGINT Operations,’’ produced by the National Security Agency, finds that the Pueblo verified its of ‘‘Heave to or I will open fire on you.’’ Pls.’ Ex. 7 at 55–57; Massie, 592 F. Supp. 2d at 61. The Pueblo checked its location and replied that it was in international waters,5 but the North Korean ships continued circling the Pueblo and signaled: ‘‘Follow in my wake. I have a pilot aboard.’’ Pls.’ Ex. 12 at 123–24; Pls.’ Ex. 5 at 1666; Massie, 592 F. Supp. 2d at 61. When a North Korean vessel approached with armed men ready to board the Pueblo, Commander Bucher attempted to maneuver to the open sea before torpedo boats crisscrossed the Pueblo. Pls.’ Ex. 7 at 61; Massie, 592 F. Supp. 2d at 61. But as the Pueblo sped up, the North Korean ships fired several 57 mm shells and then ‘‘raked the Pueblo with machine gun fire.’’ Pls.’ Ex. 7 at 63. At first, the Pueblo complied with the order to follow in the wake of the North Korean submarine chaser. Id. at 66. But when the crew needed more time to destroy classified material, the Pueblo stopped again. Id. The submarine chaser responded immediately with another two ‘‘salvos of 57 mm shells.’’ Id. at 67. 2. Death of Duane Hodges This second wave of North Korean fire mortally wounded Duane Hodges when a shell explosion ‘‘virtually sever[ed] [his] right leg.’’ Id. at 67; Massie, 592 F. Supp. 2d at 62. Crew members dragged Hodges and another injured seaman to the mess hall and administered morphine and oxygen. Pls.’ Ex. 1, Vol. 1 at 26, Dkt. 32-3. But the Hospital Corpsman who attended to Hodges ‘‘did not have adequate equipment, supplies or the surgical skills necessary to treat Hodges’s wounds: his leg had been nearly sheared off, his abdomen was torn open, his intestines were spilling out and he was bleeding profusely.’’ Pls.’ Ex. 1, location but was unable to locate the appropriate flag signal, leading them to instead flash their signal light, which went unacknowledged. Pls.’ Ex. 7 at 59.