Ades et al v. Islamic Republic Of Iran, No. 1:2018cv07306 - Document 237 (S.D.N.Y. 2024)
Court Description: ORDER GRANTING PARTIAL FINAL DEFAULT JUDGMENT FOR THE PLAINTIFFS LISTED IN EXHIBITS A AND B granting (9954) Motion for Judgment; granting (9959) Motion for Judgment in case 1:03-md-01570-GBD-SN; granting (224) Motion for Judgment in case 1:18-c v-07306-GBD-SN; granting (213) Motion for Judgment in case 1:18-cv-11837-GBD-SN; granting (175) Motion for Judgment in case 1:19-cv-11767-GBD-SN; granting (171) Motion for Judgment in case 1:19-cv-11776-GBD-SN; granting (191) Motion for Judgme nt in case 1:20-cv-09376-GBD-SN. it is hereby ORDERED that service of process in the above-captioned cases was properly effectuated upon the Islamic Republic of Iran in accordance with 28 U.S.C. § 1608(a)(4) (see ECF Nos. 4687, 6894, 6897, 6899 , ECF No. 31 in 18-cv-7306); and it is ORDERED that partial final default judgment is entered on behalf of the Plaintiffs identified in Exhibits A and B against the Islamic Republic of Iran; and it is ORDERED that the Plaintiffs identified in Exhibit A are awarded economic damages as set forth therein, and as supported by the expert reports and analyses tendered in conjunction with the Goldman Declarations (see ECF Nos. 9955, 9961); and it is ORDERED that the Plaintiffs identified in Exhibit A a re awarded compensatory damages for decedents' pain and suffering in an amount of $2,000,000.00 per estate, as set forth therein; and it is ORDERED that the Plaintiffs identified in Exhibit B are awarded solatium damages as set forth therei n; and it is ORDERED that the Plaintiffs receiving economic damages identified in Exhibit A are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from the date indicated in the "Date of Report" column ther ein, until the date of judgment; and it is ORDERED that the Plaintiffs receiving pain and suffering damages identified in Exhibit A are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from September 11, 2001 unt il the date of judgment; and it is ORDERED that the Plaintiffs receiving solatium damages identified in Exhibit B are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from September 11, 2001 until the date of judgm ent; and it is ORDERED that the Plaintiffs identified in Exhibits A and B may submit future applications for punitive or other damages at a later date consistent with any future rulings of this Court; and it is ORDERED that Plaintiffs not appearing in Exhibit A and B may submit in later stages applications for damages awards to the extent they have not done so already. The Clerk of Court is directed to enter partial final default judgment for the Plaintiffs listed in Exhibits A and B. The Cler k of Court is further directed to close the motions at: ECF Nos. 9954 and 9959 in 03-md-1570; ECF No. 224 in 18-cv-7306; ECF No. 213 in 18-cv-11837; ECF No. 175 in 19-cv-11767; ECF No. 171 in 19-cv-11776; and ECF No. 191 in 20-cv-9376. SO ORDERED. (Signed by Judge George B. Daniels on 8/29/2024) Filed In Associated Cases: 1:03-md-01570-GBD-SN et al. (ks) Transmission to Orders and Judgments Clerk for processing.
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Ades et al v. Islamic Republic Of Iran UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x : : IN RE: : : TERRORIST ATTACKS ON SEPTEMBER 11, 2001 : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Doc. 237 ORDER 03 MDL 1570 (GBD) (SN) This document relates to: Ades, et al. v. Islamic Republic of Iran, 18-cv-7306 (GBD) (SN) Abel, et al. v. Islamic Republic of Iran, 18-cv-11837 (GBD) (SN) BNY Mellon, et al. v. Islamic Republic of Iran, 19-cv-11767 (GBD) (SN) Bodner, et al. v. Islamic Republic of Iran, 19-cv-11776 (GBD) (SN) Aron, et al. v. Islamic Republic of Iran, 20-cv-9376 (GBD) (SN) ORDER GRANTING PARTIAL FINAL DEFAULT JUDGMENT FOR THE PLAINTIFFS LISTED IN EXHIBITS A AND B GEORGE B. DANIELS, United States District Judge: The Plaintiffs listed in Exhibits A and B renew their motions for entry of partial final default judgment against Defendant the Islamic Republic of Iran. (ECF Nos. 9954, 9959.1) This Court previously denied these Plaintiffs’ motions for partial final default judgment without prejudice. (See ECF No. 9931 at 4 nn.2–3, 5 n.4; ECF No. 9935 at 2 n.4.) Plaintiffs have cured the defects identified by this Court in its prior orders. Upon consideration of the evidence and arguments set forth in the Declarations of Jerry S. Goldman, Esq. (ECF Nos. 9955, 9961), and in light of the default judgments as to liability against the Islamic Republic of Iran entered on 1 Unless otherwise stated, all ECF citations included herein refer to documents filed on the 9/11 multidistrict litigation docket. See In re Terrorist Attacks on Sept. 11, 2001, No. 03-md-1570 (GBD) (SN). Dockets.Justia.com June 21, 2019 (ECF No. 4594) and June 17, 20242 (ECF No. 9931); together with the entire record in this case, it is hereby ORDERED that service of process in the above-captioned cases was properly effectuated upon the Islamic Republic of Iran in accordance with 28 U.S.C. § 1608(a)(4) (see ECF Nos. 4687, 6894, 6897, 6899, ECF No. 31 in 18-cv-7306); and it is ORDERED that partial final default judgment is entered on behalf of the Plaintiffs identified in Exhibits A and B against the Islamic Republic of Iran; and it is ORDERED that the Plaintiffs identified in Exhibit A are awarded economic damages as set forth therein, and as supported by the expert reports and analyses tendered in conjunction with the Goldman Declarations (see ECF Nos. 9955, 9961); and it is ORDERED that the Plaintiffs identified in Exhibit A are awarded compensatory damages for decedents’ pain and suffering in an amount of $2,000,000.00 per estate, as set forth therein; and it is ORDERED that the Plaintiffs identified in Exhibit B are awarded solatium damages as set forth therein; and it is ORDERED that the Plaintiffs receiving economic damages identified in Exhibit A are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from the date indicated in the “Date of Report” column therein, until the date of judgment; and it is 2 This Court denied without prejudice Plaintiff BNY Mellon, as Personal Representative of the Estate of Ivhan Luis Bautista’s motion for default judgment, as it was not a Plaintiff in one of the cases relating to the June 17, 2024 Order. (See ECF No. 9931 at 5 n.4.) However, for substantially the same reasons as stated in the June 17, 2024 Order, this Court deems Iran liable for Plaintiff BNY Mellon, as Personal Representative of the Estate of Ivhan Luis Bautista’s survival claims. (See id. at 4–5.) 2 Exhibit A Plaintiff, as Personal Representative of the Estate of 9/11 Decedent 9/11 Decedent Claim Information Pain & Suffering Damages Economic Damages # First Case Complaint Report Date of Report Prior Award 1 BNY Mellon Ivhan Bautista Peru 9/11/2001 NY 19cv11767 19cv11767, 5 at 1 N/A $2,000,000.00 N/A N/A N/A N/A 2 Christine Brozon Luigi Calvi Italy 9/11/2001 NY 20cv09376 20cv09376, 1 at 2 N/A N/A 9955 3, at 1 8/1/22 N/A $5,847,348.00 3 Tanya Dale Titus Davidson Jamaica 9/11/2001 NY 18cv11837 18cv11837, 1 at 6 18cv05320, 60 at 7; 03MD1570, 4474 at 7 (dismissing estate claim in Agyeman v. Islamic Republic of Iran) N/A $2,000,000.00 9955 3, at 23 1/1/20 N/A $151,917.00 4 Emory Thurman Italy 9/11/2001 VA 18cv07306 18cv07306, 1 at 14 9937 at 3, 9960 N/A N/A 9961 3, at 1 3/1/24 N/A $1,452,164.00 Middle E. Last Hackman Suffix Jr. First Tamara Middle Ciara Last Suffix Nationality on Date of Death 9/11 9/11 Site Amendments & Substitutions Prior Award Amount Amount Exhibit B 5 (Plaintiff, as Personal Representative of Solatium Plaintiff) # First Middle Last 1 First Middle Katherine 2 3 Suffix Plaintiff Collier Andrew Katherine; Andrew Collier; Morris Phillip Last L. Suffix 9/11 Decedent Nationality on 9/11 UK First Stephen Middle Last Phillip Morris Nationality on Suffix 9/11 UK Claim Information Date of Death 9/11/2001 9/11 Site NY Morris UK Stephen Phillip Morris UK 9/11/2001 NY Morris UK Stephen Phillip Morris UK 9/11/2001 NY Case Complaint 19cv11776, 5 at 6 7; MDL ECF No. 19cv11776 8135 at 3 4; 8142 (granting 8135) 19cv11776, 5 at 6 7; MDL ECF No. 19cv11776 8135 at 3 4; 8142 (granting 8135) 19cv11776, 5 at 6 7; MDL ECF No. 19cv11776 8135 at 3 4; 8142 (granting 8135) Solatium Damages Relationship Documentation Prior Award Amount Sibling N/A N/A $4,250,000.00 8141 at 3 Sibling N/A N/A $4,250,000.00 8141 at 3 Parent (Deceased) N/A N/A $8,500,000.00 Amendments & Substitutions 8141 at 3
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