Estate of Botvin v. Islamic Republic of Iran

873 F. Supp. 2d 232, 2012 U.S. Dist. LEXIS 91575, 2012 WL 2552475
CourtDistrict Court, District of Columbia
DecidedJuly 3, 2012
DocketNo. 05-cv-220 (RCL)
StatusPublished
Cited by44 cases

This text of 873 F. Supp. 2d 232 (Estate of Botvin v. Islamic Republic of Iran) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of Botvin v. Islamic Republic of Iran, 873 F. Supp. 2d 232, 2012 U.S. Dist. LEXIS 91575, 2012 WL 2552475 (D.D.C. 2012).

Opinion

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

I. INTRODUCTION

This matter is before the Court on plaintiffs’ fifth motion for default judgment. Pis.’ Mot., Sept. 15, 2011, ECF No. 30.1 Plaintiffs have brought suit against the Islamic Republic of Iran (“Iran”), the Iranian Ministry of Information and Security (“MOIS”), the Iranian Revolutionary Guard (“IRG”), Ayatollah Syyid Ali Hosseini Khamenei, Ali Akbar Hashemi-Rafsanjani, Ali Fallahian-Khuzenstani, Hamas, and John Does 1-99 under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602 et seq. Through this action, plaintiffs seek to hold defendants responsible for a 1997 terrorist attack perpetrated by Hamas operatives in Jerusalem, Israel. Today, this Court determines that plaintiffs have presented satisfactory evidence that the remaining defendants — Iran, MOIS, and IRG — should be held liable under Israeli law for the 1997 bombing.2

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs’ claims arise from a terrorist bombing that was committed at an Israeli pedestrian mall.3 Compl. ¶ 18. On the afternoon of September 4, 1997, three suicide bombers entered the crowded Ben Yehuda Street pedestrian mall in downtown Jerusalem and detonated bombs packed with nails, screws, pieces of glass, and chemical poisons. Id.; Campuzano v. Islamic Republic of Iran, 281 F.Supp.2d 258, 261 (D.D.C.2003). The explosion wounded nearly two hundred people, killing five. Compl. ¶ 19. Tragically, fourteen-year-old Yael Botvin, the daughter of plaintiff Julie Goldberg-Botvin and the sister of plaintiffs Tamar and Michal Botvin, was among those killed. Mem. Order, [235]*235Sept. 24, 2007, at 1. The attack was committed by members of the terrorist organization Hamas — which afterward claimed responsibility for the bombing. Campuzano, 281 F.Supp.2d at 262.

Plaintiffs filed their first motion for default judgment in October 2006. Pis.’ Mot., Oct. 15, 2006, ECF No. 14. In their motion, plaintiffs requested that this Court take judicial notice of the findings of fact and conclusions of law in Campuzano v. Islamic Republic of Iran, 281 F.Supp.2d 258 (D.D.C.2003), a case arising out of the same September 4, 1997 suicide bombing. Pis.’ Mot., supra, at ¶¶ 8-10. This Court granted plaintiffs’ request to take judicial notice, but declined to enter a default judgment as the plaintiffs had failed to establish a legal basis for default judgment. Botvin v. Islamic Republic of Iran, 510 F.Supp.2d 101, 102-103 (D.D.C.2007) (Urbina, J.) (“Botvin I ”).

Plaintiffs filed their second motion for default judgment in March 2008. Pis.’ Mot. for Entry of Final J., Mar. 21, 2008, ECF No. 17. This Court denied plaintiffs’ second motion on similar insufficient evidence grounds. Botvin v. Islamic Republic of Iran, 604 F.Supp.2d 22, 24-25 (D.D.C.2009) (Urbina, J.) (“Botvin II”). At the same time, this Court also denied plaintiffs’ request to proceed under the newly enacted FSIA state sponsored terrorism exception codified at 28 U.S.C. § 1605A. Id. at 25-26.4

Plaintiffs filed their third motion for default judgment in May 2009. Supplemental Mot. for Default J., May 28, 2009, ECF No. 22. In response, this Court concluded that plaintiffs had established this Court’s subject matter jurisdiction over the dispute and personal jurisdiction over the defendants pursuant to the FSIA. Botvin v. Islamic Republic of Iran, 684 F.Supp.2d 34, 37-39 (D.D.C.2010) (Urbina, J.) (“Botvin III”). This Court also applied District of Columbia choice of law rules and determined that plaintiffs’ substantive claims were governed by Israeli law. Id. at 39-42. Because plaintiffs had addressed California law and had not established defendants’ liability under Israeli law, this Court denied plaintiffs’ motion without prejudice. Id. at 41-42.

, Plaintiffs filed their fourth motion for default judgment in July 2010. Supplemental Mot. for Default J., July 9, 2010, ECF No. 26. Plaintiffs concurrently asked the Court to reconsider its decision that Israeli law applied to the dispute. Id. In response, this Court denied reconsideration of its choice of law ruling and yet again ruled that the plaintiffs had not presented the Court with satisfactory evidence of defendants’ liability under Israeli law. Botvin v. Islamic Republic of Iran, 772 F.Supp.2d 218, 223-232 (D.D.C.2011) (Urbina, J.) (“Botvin IV”).

Today, this Court reviews plaintiffs’ fifth motion for default judgment and determines that plaintiffs have presented satisfactory evidence to establish defendants’ liability under Israeli law. This Court also determines that the Estate of Yael Botvin is entitled to compensatory damages under Israeli law; however, there is insufficient evidence that Yael’s family members are entitled to compensatory damages under Israeli law.

[236]*236III. FINDINGS OF FACT

Under the FSIA, a court cannot simply enter default judgment; rather, out of respect for the principle of sovereign immunity, it must ensure that the plaintiffs have established their claim or right to relief by evidence that is satisfactory to the court. 28 U.S.C. § 1608(e); Taylor v. Islamic Republic of Iran, 811 F.Supp.2d 1, 6 (D.D.C.2011). Courts are therefore bound by a duty to scrutinize the plaintiffs’ allegations, and courts may not simply accept a complaint’s unsupported allegations as true. Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 171 (D.D.C.2010). FSIA courts may rely upon traditional forms of evidence — testimony and documentation — and plaintiffs may also submit evidence in the form of affidavits. Blais v. Islamic Republic of Iran, 459 F.Supp.2d 40, 53 (D.D.C.2006) (citing Bodoff v. Islamic Republic of Iran, 424 F.Supp.2d 74, 82 (D.D.C.2006)). Additionally, a FSIA court may “ ‘take judicial notice of related proceedings and records in cases before the same court.’ ” Valore v. Islamic Republic of Iran, 700 F.Supp.2d, 52, 59 (D.D.C.2010) (quoting Brewer v. Islamic Republic of Iran, 664 F.Supp.2d 43, 50-51 (D.D.C.2009)). Here, plaintiffs rely on judicial notice, documentary, and affidavit evidence in support of their motion for default judgment.

A. Judicial Notice of Prior Related Cases

Under the Federal Rules of Evidence, courts are permitted to take judicial notice of facts “not subject to reasonable dispute” where those facts are either “generally known within the territorial jurisdiction” or are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201(b). This rule permits courts to take judicial notice of court records in related proceedings. 29 Am.Jur.2d Evidence § 151 (2010); see also Booth v. Fletcher, 101 F.2d 676, 679 n.

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873 F. Supp. 2d 232, 2012 U.S. Dist. LEXIS 91575, 2012 WL 2552475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-botvin-v-islamic-republic-of-iran-dcd-2012.