Beaty et al v. Republic of Iraq

District of Columbia, dcd-1:2003-cv-00215

ORDER granting in part and denying in part {{24}} defendant's motion to dismiss, and granting in part and denying in part {{26}} plaintiffs' motion for partial summary judgment. Signed by Judge John D. Bates on 3/20/2007. (lcjdb1)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ROBIN BEATY, et al., Plaintiffs, v. Civil Action No. 03-0215 (JDB) REPUBLIC OF IRAQ, Defendant. ORDER Upon consideration of defendant's motion to dismiss; plaintiffs' motion for partial summary judgment; the Statements of Interest filed by the United States; the responses and replies thereto; the arguments presented at the motions hearing held on March 2, 2007; and the entire record herein; and for the reasons stated in the Memorandum Opinion issued on this date; it is this 20th day of March, 2007, hereby ORDERED that defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART; it is further ORDERED that defendant's motion to dismiss Count I of the Third Amended Complaint is DENIED; it is further ORDERED that defendant's motion to dismiss Counts II and III of the Third Amended Complaint is GRANTED, and these counts are dismissed with prejudice; it is further ORDERED that plaintiffs' motion for partial summary judgment is GRANTED IN PART and DENIED IN PART; it is further -1- ORDERED that plaintiffs' motion for partial summary judgment as to liability pursuant to Fed. R. Civ. P. 56(c) is DENIED; it is further ORDERED that plaintiffs' motion for partial summary adjudication pursuant to Fed. R. Civ. P. 56(d) is GRANTED, and the facts set forth in paragraphs 7-20 of the Third Amended Complaint, and paragraphs 1-3, 7-8, and 14-17 of plaintiffs' Rule 56.1 statement shall be deemed established for the purposes of all further proceedings in this case; and it is further ORDERED that the parties shall appear for a Status Conference at 9:00 a.m. on April 24, 2007 to discuss further proceedings in this matter. SO ORDERED. /s/ JOHN D. BATES United States District Judge Dated: March 20, 2007 -2-