Oveissi v. Islamic Republic of Iran

879 F. Supp. 2d 44, 2012 WL 3024758, 2012 U.S. Dist. LEXIS 103694
District Court, District of Columbia·Decided July 25, 2012·No. No. 11-cv-849 (RCL)·Published·Cited by 125 cases

Opinion

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

I. INTRODUCTION

This action arises out of the brutal February 1984 assassination of General Gholam Ali Oveissi on the streets of Paris, France. The plaintiff, Amir Reza Oveissi, is General Oveissi’s grandson. This action is brought against defendants Islamic Republic of Iran (“Iran”) and the Iranian Ministry of Information and Security (“MOIS”) under the state-sponsored terrorism exception of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330,1602 et seq., which was enacted as part of the National Defense Authorization Act for Fiscal Year 2008 (“NDAA”). Pub.L. No. 110-181, § 1083, 122 Stat. 3, 338-44 (2008). That provision, codified at 28 U.S.C. § 1605A, provides “a federal right of action against foreign states.” Simon v. Republic of Iraq, 529 F.3d 1187, 1190 (D.C.Cir.2008). For the reasons set forth below, the Court finds that plaintiff has provided sufficient proof to support his causes of action, and determines that defendants may be held liable under the FSIA’s updated state-sponsored terrorism exception.

II. PROCEDURAL HISTORY

A. Prior Oveissi Litigation

In 2003, plaintiff sued defendants over General Oveissi’s 1984 assassination through the former state-sponsored terrorism exception codified at 28 U.S.C. § 1605(a)(7). Oveissi v. Islamic Republic of Iran, 573 F.3d 835, 837 (D.C.Cir.2009). After the D.C. Circuit ruled that French law applied to plaintiffs substantive cause of action, this Court conducted a bench trial and entered liability and damages judgments against defendants. Oveissi v. Islamic Republic of Iran, 768 F.Supp.2d 1 (D.D.C.2010) (liability opinion); Oveissi v. Islamic Republic of Iran, 768 F.Supp.2d 16 (D.D.C.2011) (damages opinion). This Court awarded plaintiff $7.5 million in solatium damages but denied recovery for his alleged economic loss. Oveissi, 768 F.Supp.2d at 30-33.

B. This Action

Plaintiff here is again Amir Reza Oveissi, General Oveissi’s grandson. In the Complaint, plaintiff alleges the same essential facts concerning the 1984 assassination that were established by sufficient [49]*49evidence in the 2010 Oveissi liability opinion. Compl. ¶¶ 1-16. On September 10, 2011, plaintiff served copies of the relevant papers, along with translations, by mail as required by 28 U.S.C. § 1608(a)(3). Status Report, Oct. 17, 2011, ECF No. 7, ¶¶ 3-4. Under the terms of 28 U.S.C. § 1605A, defendants had 60 days from that date — until November 9, 2011 — to respond. 28 U.S.C. § 1608(d). After none of the defendants appeared or responded, the Clerk of the Court entered default on plaintiffs behalf. Clerk’s Entry of Default, Jan. 10, 2012, ECF No. 11. Plaintiff then moved for default judgment in accordance with § 1608(e). Mot. for Default J., Jan. 19, 2012, ECF No. 13. Based on that motion, the record, and facts available for judicial notice, the Court makes the following findings of fact and conclusions of law.

III. FINDINGS OF FACT

The Clerk of the Court entered defendants’ default on January 10, 2012. However, prior to entry of final default judgment, the FSIA requires that courts evaluate the evidence before them to ensure that plaintiffs have established their right to relief “by evidence that is satisfactory to the court.” 28 U.S.C. § 1608(e). This requirement “imposes a duty on FSIA courts to not simply accept a complaint’s unsupported allegations as true, and obligates courts to inquire further before entering judgment against parties in default.” Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 171 (D.D.C.2010) (internal quotations omitted).

In considering whether to enter default judgment, courts in FSIA cases look to various sources of evidence to satisfy their statutory obligation. Courts may, for example, rely upon plaintiffs “ ‘uncontroverted factual allegations, which are supported by ... documentary and affidavit evidence.’ ” Valore v. Islamic Republic of Iran, 700 F.Supp.2d 52, 59 (D.D.C.2010) (alteration in original; quoting Int’l Road Fed’n v. Democratic Republic of the Congo, 131 F.Supp.2d 248, 252 n. 4 (D.D.C. 2001)). In addition to more traditional forms of evidence — testimony and documentation — plaintiffs in FSIA cases 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)). Finally, a FSIA court may “ ‘take judicial notice of related proceedings and records in cases before the same court.’ ” Valore, 700 F.Supp.2d at 59 (quoting Brewer v. Islamic Republic of Iran, 664 F.Supp.2d 43, 50-51 (D.D.C.2009)). Here, plaintiffs rely on judicial notice 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. 2 (D.C.Cir.1938) (“A court may take judicial notice of, and give effect to, its own records in another but interrelated proceeding....”); 2 McCormick on Evid. § 332 (6th ed.2009) (noting that the principle permitting courts to take judicial notice of current proceedings “is equally applicable to matters of record in the proceedings in other cases in the same court”). Because of the multiplicity of FSIA-related litigation, courts in this District have frequently taken judicial notice of earlier, related pro[50]*50ceedings. See, e.g., Murphy v. Islamic Republic of Iran, 740 F.Supp.2d 51, 58 (D.D.C.2010); Valore, 700 F.Supp.2d at 59-60; Brewer, 664 F.Supp.2d at 50-51.

A difficult issue arises concerning judicial notice of related proceedings with regard to courts’ prior factual findings.

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Oveissi v. Islamic Republic of Iran, 879 F. Supp. 2d 44, 2012 WL 3024758, 2012 U.S. Dist. LEXIS 103694 (D.D.C. 2012).

879 F. Supp. 2d 44 (Oveissi v. Islamic Republic of Iran) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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