Doe, etc. v. Bin Laden, et al., No. 1:2009cv07055 - Document 224 (S.D.N.Y. 2022)

Court Description: MEMORANDUM DECISION AND ORDER for (164 in 1:09-cv-07055-GBD-SN) Motion for Summary Judgment filed by Islamic Republic of Afghanistan, (7731 in 1:03-md-01570-GBD-SN, 218 in 1:09-cv-07055-GBD-SN) Report and Recommendations,. No objections have bee n filed. This Court ADOPTS Magistrate Judge Netburn's Report and Recommendation. Magistrate Judge Netburn did not commit a clear error in recommending that the motion for summary judgment be denied as moot. The Republic has collapsed and no one else has appeared on Afghanistan's behalf. In short, right now "Afghanistan is not currently participating in this ease." (Report at 5.) Issuing a decision on its merits would de facto allow the Republic to continue to represent Afghanistan's interests, which would amount to a "ghost" of a representation. (Report at 4-5.) Given these facts, there is no suggestion that Afghanistan continues to have a willingness... to participate in this" litigation. (R eport at 5.) The Report and Recommendation is ADOPTED. The summary judgment motion is dismissed as moot. The Court will proceed with the FSIA's default judgment procedure, where the Court must assess its "subject matter jurisdiction o ver Afghanistan." The Court of Clerk is directed to close the motion for summary judgment (ECF No. 164, Case No. 09-cv-07055), accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 5/24/22) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:09-cv-07055-GBD-SN (yv)