ALKANANI v. AEGIS DEFENSE SERVICES, LLC et al, No. 1:2009cv01607 - Document 65 (D.D.C. 2013)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 61 REPORT AND RECOMMENDATION. The 61 Report and Recommendation is hereby ADOPTED. Accordingly, Defendant Aegis LLC's 47 Motion for Summary Judgment is GRANTED. Signed by Judge Ketanji Brown Jackson on 9/16/2013. (lckbj3)
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) KHADIM ALKANANI, ) ) Plaintiff, ) ) v. ) ) AEGIS DEFENSE SERVICES, LLC, ) and AEGIS DEFENCE SERVICES ) LIMITED, ) ) Defendants. ) ) _________________________________ ) Civil Action No. 09-CV-1607 (KBJ)(AK) MEMORANDUM OPINION AND ORDER This matter is before the Court on Magistrate Judge Kay s August 7, 2013, Report and Recommendation addressing the motion for summary judgment (ECF No. 47) filed by Defendant Aegis Defense Services, LLC ( Aegis LLC ). (Report and Recommendation, ECF No. 61.) 1 Plaintiff Khadim Alkanani brought this action seeking to hold Aegis LLC and Aegis Defence Services Limited ( Aegis UK ) and several unidentified Aegis employees and/or agents liable for injuries Plaintiff suffered when an unidentified Aegis UK security guard at a checkpoint in Iraq fired his weapon at Plaintiff s vehicle and struck Plaintiff s foot. (See Compl., ECF No. 1; Report and Recommendation at 2.) Aegis LLC contended that there were no grounds to hold it liable for the actions of an employee of Aegis UK. (Report and Recommendation at 5.) In response, Plaintiff advanced three theories for establishing Aegis LLC s liability: (1) 1 Magistrate Judge Kay addressed Defendant Aegis UK s motion to dismiss (ECF No. 48) in a separate Report and Recommendation (ECF No. 62). the alter ego theory; (2) the successor liability theory; and (3) the agency theory. (Id.) Plaintiff also sought additional discovery. (Id.) After considering the parties motions in the course of a detailed Report and Recommendation, Magistrate Judge Kay concluded that none of Plaintiff s theoretical bases for jurisdiction won the day, and recommended that this Court grant Aegis LLC s motion for summary judgment and deny Plaintiff s request for additional discovery. (Id. at 12.) The Report and Recommendation also advised the parties that under the provisions of Local Rule 72.3(b) of the United States District Court for the District of Columbia, any party who objects to the Report and Recommendation must file a written objection with the Clerk of the Court within 14 days of the party s receipt of the Report and Recommendation. (Report and Recommendation at 12.) As of this date over one month after the Report and Recommendation was issued no objections have been filed. After consideration of the Magistrate Judge Kay s Report and Recommendation, the absence of any party s objections thereto, the entire record before the Court, and the applicable law, the Court will adopt Magistrate Judge Kay s Report and Recommendation in its entirety. Accordingly, it is hereby ORDERED that the Report and Recommendation (ECF No. 61) is ADOPTED in its entirety; and it is FURTHER ORDERED that in accordance with the Report and Recommendation, Defendant Aegis LLC s motion for summary judgment (ECF No. 47) is GRANTED; and it is 2 FURTHER ORDERED that all claims against Aegis LLC are DISMISSED with prejudice. Ketanji Brown Jackson DATE: September 16, 2013 KETANJI BROWN JACKSON United States District Judge 3
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