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Mason Wells Inc.
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Order | Filed: March 12, 2024 | Entered: March 12, 2024 ESTATE OF JUSTIN SHULTS et al v. SYRIAN ARAB REPUBLIC
P.I.: Other | District Of Columbia
Order on Motion for Default Judgment
MINUTE ORDER denying without prejudice Plaintiffs' 20 Motion for Default Judgment. Before the Court is Plaintiffs' 20 Motion for Default Judgment. Plaintiffs ask the Court to find Defendant liable under the Foreign Sovereign Immunities Act (FSIA) for its role in the suicide bombing terrorist attack at the Brussels Airport in Belgium on March 22, 2016. When seeking default judgment under the FSIA, a plaintiff must "establish[] his claim or right to relief by evidence satisfactory to the court." Warmbier v. Democratic Peoples Republic of Korea, 356 F. Supp. 3d 30, 42 (D.D.C. 2018) (quoting 28 U.S.C. § 1608(e)). "The statute does not specify what constitutes evidence satisfactory to the court," but it must "consist of admissible testimony in accordance with the Federal Rules of Evidence, [] and it must be sufficient for the court to come to the logical conclusion that the defendant is responsible for the plaintiffs' injuries." Selig v. Islamic Republic of Iran, 573 F. Supp. 3d 40, 58 (D.D.C. 2021) (internal citations omitted). Courts have "a duty to scrutinize the plaintiff's allegations" and "may not unquestioningly accept a complaint's unsupported allegations as true." Reed v. Islamic Republic of Iran, 845 F. Supp. 2d 204, 211 (D.D.C. 2012). Plaintiffs' motion includes a detailed expert report explaining how ISIS was responsible for the attack and that Defendant provided material support to ISIS, which was a legally sufficient cause of the attack. See ECF No. 20-2. Indeed, the Court has previously relied on this very report in granting default judgment. See Winternitz v. Syrian Arab Republic, No. 17-cv-2104 (TJK), 2022 WL 971328, at *6-8 (D.D.C. Mar. 31, 2022). However, Plaintiffs have not supplied any evidence that they specifically were injured in this attack. As Plaintiffs themselves acknowledge, to satisfy their FSIA burden, they "must present evidence concerning their backgrounds and injuries suffered." ECF No. 20-1 at 28; see also Hake et al v. Bank Markazi Jomhouri Islami Iran et al, No. 17-cv-114, Minute Order of Aug. 10, 2022 (denying default judgment because plaintiffs "have not supplied any evidence that those specific plaintiffs were injured"). In fact, Plaintiffs expressly ask the Court to "make independent findings of fact and conclusions of law that ISIS is responsible for the terrorist attack which murdered and severely injured and maimed the Plaintiffs." ECF No. 20-1 at 7 (emphasis added). The Court cannot make such findings of fact or law without some supporting evidence of injury. To be sure, this evidentiary requirement is a "lenient standard" and Plaintiffs may rely on affidavits or other documentary evidence. Winternitz, 2022 WL 971328, at *3, 5-6; see also Bernhardt v. Islamic Republic of Iran, No. 18-cv-2739 (TJK), 2023 WL 2598677 (D.D.C. Mar. 22, 2023) (relying on plaintiff affidavits to establish injuries). They may not, however, rely solely on the allegations in their Complaint. Thus, it is hereby ORDERED that Plaintiffs' 20 Motion is DENIED WITHOUT PREJUDICE. The Court will promptly resolve any refiled Motion for Summary Judgment that includes evidence of injury to Plaintiffs. Signed by Judge Timothy J. Kelly on 3/12/2024. (lctjk2)
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Order | Filed: December 20, 2023 | Entered: December 20, 2023 Wells Family Trust et al v. Eli Global LLC et al
Contract: Other | New Mexico
Judgment - Default
DEFAULT JUDGMENT by Mitchell R. Elfers, Clerk of Court against Greg E. Lindberg (jn)
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Motion | Filed: November 27, 2023 | Entered: November 27, 2023 Wells Family Trust et al v. Eli Global LLC et al
Contract: Other | New Mexico
Default Judgment
MOTION for Default Judgment as to Defendant Greg Lindberg by David Evans, Robert M Nelson, Richard and Michelle Dowdican Revocable Trust, Mason Wells, Wells Family Trust. (Attachments: # 1 Exhibit A - Attorney Affidavit in Support of Default Judgment) (Rohner, Daniel)
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