Mills Law Group LLP v. Republic of Iraq

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MILLS LAW GROUP LLP,

Plaintiff,

v. Case No. 1:22-CV-3323-RCL

REPUBLIC OF IRAQ and MINISTRY OF JUSTICE OF THE REPUBLIC OF IRAQ,

Defendants.

AMENDED MEMORANDUM OPINION

Mills Law Group ("MLG") has represented the Republic of Iraq in its longstanding

litigation against Wye Oak Technologies, Inc. before this Court. See Wye Oak Tech., Inc. v.

Republic of Iraq, No. 1:10-cv-1182-RCL, 2019 WL 4044046 (D.D.C. Aug. 27, 2019) ("Wye Oak

I"). In this action, MLG seeks payment of attorney's fees owed for services it provided to Iraq in

Wye Oak I. MLG has sued both Iraq and Iraq's Ministry of Justice ("MoJ") for payment of the

twenty-five invoices it has sent Iraq. MLG has complied with the service provisions of the Foreign

Sovereign Immunities Act (FSIA) and moved for default judgment. For the reasons that follow,

the Court will grant MLG's motion.

I. FINDINGS OF FACT

A. Judicial Notice of The Wye Oak /Docket

MLG asks that the Court take judicial notice of the docket in Wye Oak I. Stmt. Of

Supporting Ev. 4, Mot. for Default J. Ex. 3, ECF No. 12-4. The Federal Rules of Evidence allow

a court to take judicial notice of facts that are "not subject to reasonable dispute" either because

they are "generally known within the trial court's territorial jurisdiction" or because they "can be

1 MLG and Iraq. The Court further finds that the Collection Costs of$635,850.83 incurred by

MLG are reasonable and that any additional Collection Costs incurred by MLG in its effort to

enforce this Order will also be awarded to MLG.

D. Post-Judgment Interest

MLG will also be entitled to post-judgment interest, which shall accrue beginning the date

of the Order accompanying this opinion at the prevailing rate described in 28 U.S.C. § 1961. That

section provides that interest shall be "allowed on any money judgment in a civil case recovered

in a district court." Id. § 196l(a). The applicable post-judgment interest rate is "the weekly

average I-year constant maturity Treasury yield . . . for the calendar week preceding" the

judgment. Id. The weekly average I-year constant maturity Treasury yield for the week preceding

this Order is 3.95%.7 In accordance with that section, interest shall be computed daily to the date

of payment and shall be compounded annually. Id. § 1961(b).

E. Taxable Costs

The Court's award of Collection Costs includes the $15,347.13 in taxable costs. Therefore,

this amount will not be awarded to MLG again.

VI. CONCLUSION

In both this case and the underlying Wye Oak litigation, Iraq has demonstrated a

willingness to benefit from the services of US-based entities without paying for them. While this

Court cannot give back to MLG the time and effort it took to defend Iraq.in the Wye Oak litigation

or to bring this action, it can provide relief in the form of compensation.

7 See Market Yield on U.S. Treasury Securities at I-Year Constant Maturity, Data Download Program, Bo.

GOVERNORS FED. RESERVE SYS. (Sept. 9, 2024), ht1ps:/Jwww.fcdcralrc:icrvc.!!m· datadownl a Previcw.a�px'!pi 00&rcl=H I S&pr vicw:0 %201 I I 5/H1 -,'R.IFLGFCYO 1 N.WF.

25 For the reasons set forth above, plaintiffs motion for default judgment and for judicial

notice is GRANTED. The defendants are jointly and severally liable on the account stated by

MLG. The plaintiff is awarded $4,075,170.65 in economic damages on the account stated in the

record; plaintiff is further awarded $1,076,066.10 in prejudgment interest; plaintiff is also awarded

$635,850.83 in collection costs. Thus, the total damages award is $5,787,087.58.

A separate Order consistent with this Memorandum Opinion shall issue.

Date: November U', 2024. �c.� Royce C. Lamberth United States District Judge