TULTY et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al - Document 10

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ASHRAF TULTY, et al., Plaintiffs, v. Civil Action No. 04-1780 (JDB) SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA, et al., Defendants. ORDER Defendants have moved to dismiss on several grounds, including plaintiffs' failure to satisfy the arbitration requirement of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(7)(B)(i), and lack of personal jurisdiction and head of state immunity as to defendant Muammar Qadhafi (Libya's head of state). In their opposition to defendants' motion, filed on August 15, 2005, plaintiffs concede that they have not met the jurisdictional arbitration requirement of the FSIA1 and agree to the dismissal of defendant Qadhafi. Accordingly, it is this 6th day of September, 2005, hereby ORDERED that defendants' motion to dismiss is GRANTED and this action is dismissed without prejudice. /s/ John D. Bates JOHN D. BATES United States District Judge Dated: September 6, 2005 1 Plaintiffs request that any dismissal on this basis be without prejudice. Copies to: Robert S. Corish Corish, Hill & Associates, PLLC 1039 Sterling Road Suite 102 Herndon, VA 20170 (703) 796-9050 Email: bob5152@adelphia.net Counsel for plaintiffs Arman Dabiri 1701 Pennsylvania Avenue, NW Suite 300 Washington, DC 20006 (202) 879-2606 Email: armandab@worldnet.att.net Counsel for defendants -2-