Abur et al v. Bin Laden et al

District of Columbia, dcd-1:2002-cv-01188

ORDER GRANTING {{59}} plaintiffs' motion for an order of default against defendants the Republic of Sudan and the Islamic Republic of Iran; DISMISSING for want of subject-matter jurisdiction the claims against Sudan and Iran brought by the 112 Ken yan-citizen plaintiffs; CERTIFYING order for immediate interlocutory appeal, pursuant to 28 U.S.C. sec. 1292(b); and STAYING all proceedings in this action pending resolution of jurisdictional appeals. Signed by Judge John D. Bates on 7/10/2006. (lcjdb2)

Interested in this case?

Current View

Full Text

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOYCE AUMA OMBESE ABUR, et al., Plaintiffs, v. Civil Action No. 02-1188 (JDB) REPUBLIC OF SUDAN, et al., Defendants. ORDER Upon consideration of [59] plaintiffs' motion for an order of default, plaintiffs' memorandum regarding the sufficiency of service of process, plaintiffs' memorandum on jurisdiction, and the entire record, and for the reasons stated in the memorandum opinion issued on this date, it is this 10th day of July, 2006, hereby ORDERED that the motion for an order of default is GRANTED; it is further ORDERED that the Clerk of the Court shall enter defaults against defendants the Republic of Sudan and the Islamic Republic of Iran, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure; it is further ORDERED that the claims against Sudan and Iran by the 112 Kenyan-citizen plaintiffs are DISMISSED for want of subject-matter jurisdiction; it is further ORDERED that this order is certified for immediate interlocutory appeal, pursuant to 28 U.S.C. § 1292(b); and it is further -1- ORDERED that all proceedings in this action with respect to the remaining claims1 are STAYED pending resolution of any appeal of this order. /s/ John D. Bates JOHN D. BATES United States District Judge Copies to: John Arthur Eaves, Jr. EAVES LAW FIRM 101 North State Street Jackson, MS 39201-2811 Email: johnjr@eaveslaw.com Steven R. Perles PERLES LAW FIRM, P.C. 1146 19th Street, NW, 5th Floor Washington, DC 20036 Email: sperles@perleslaw.com James Roger Franks, Jr. William R. Wheeler, Jr. WHEELER & FRANKS P.O. Box 681 Tupelo, MS 38802 Counsel for plaintiffs 1 The remaining claims are: (1) the claims by the two U.S.-citizen plaintiffs -- Gerald Bochart and Trusha Patel -- against defendants Sudan, Iran, Wadih el Hage, Khalfan Khamis Mohamed, Mohamed Sadeek Odeh, and Mohamed Rashed Daoud Al-'Owhali, and (2) the claims by the 112 Kenyan-citizen plaintiffs against defendant el Hage. -2-