Greenbaum v. Islamic Republic of Iran

• Decision Date: 10 August 2006
• Docket Number: Civil Action No. 02-2148 (RCL).
• Citation: 451 F.Supp.2d 90
• Parties: Steven M. GREENBAUM, et al., Plaintiffs, v. ISLAMIC REPUBLIC OF IRAN, et al., Defendants.
• Court: U.S. District Court — District of Columbia

451 F.Supp.2d 90

Steven M. GREENBAUM, et al., Plaintiffs, v. ISLAMIC REPUBLIC OF IRAN, et al., Defendants.

Civil Action No. 02-2148 (RCL).

United States District Court, District of Columbia.

August 10, 2006.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Barry L. Leibowitz, Leibowitz & Band, Wheaton, MD, for Plaintiffs.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LAMBERTH, District Judge.

These actions `arise from the August 9, 2001 suicide bombing of a restaurant in downtown Jerusalem, Israel. Plaintiffs, the husband, parents and estate of a woman killed in the attack, allege that the Islamic Republic of Iran ("Iran") and the Iranian Ministry of Information and Security ("MOIS") are liable for damages resulting from the attack because they provided material support and assistance to Hamas, the terrorist organization that orchestrated the bombing. As such, defendants are subject to suit under the terrorism exception to the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1604.

PROCEDURAL HISTORY

On October 23, 2002, plaintiffs filed their original complaint seeking redress for their losses under the FSIA. On August 21, 2003, this Court ordered service upon the defendants through diplomatic channels in accordance with 28 U.S.C. § 1608(a)(4). Plaintiffs filed proof of service in accordance with the statutory procedures and sought entry of default on January 5, 2005, the defendants having failed to answer. On June 3, 2005 this Court entered default against the defendants, Iran and MOIS, on November 16, 2005, pursuant to 28 U.S.C. § 1608(e) and Fed.R.Civ.P. 55(a).

Notwithstanding the indicia of defendants' willful default, this Court is compelled to make further inquiry prior to entering a judgment by default against defendants. In addition, FSIA requires that a default judgment against a foreign state be entered only after a plaintiff "establishes his claim or right to relief by evidence that is satisfactory to the Court." 28 U.S.C. § 1608(e); see also Flatow v. Islamic Republic of Iran, 999 F.Supp. 1, 6 (D.D.C.1998) (Lamberth, J.). "In evaluating the plaintiffs' proof, the court may accept as true the plaintiffs' uncontroverted evidence." Campuzano v. Islamic Republic of Iran, 281 F.Supp.2d 258, 268 (D.D.C.2003) (Urbina, J.) (quoting Elahi v. Islamic Republic of Iran, 124 F.Supp.2d 97, 100 (D.D.C.2000) (Green, J.)) (internal quotations omitted). Plaintiffs' evidence may also take the form of sworn affidavits or prior transcripts. See Weinstein v. Islamic Republic of Iran, 184 F.Supp.2d 13, 19 (D.D.C.2002) (Lamberth, J.).

During the pendency of this action, the United States Court of Appeals for the District of Columbia and other judges of the District Court for the District of Columbia have issued a number of decisions which have implications as to the plaintiffs' claims and damages, including, but not limited to, whether statutory causes of action exist under FSIA. See Cicippio-Puleo v. Islamic Republic of Iran, 353 F.3d 1024, 1033 (D.C.Cir.2004); Acree v. Republic of Iraq, 370 F.3d 41, 59-60 (D.C.Cir.2004). See also Dammarell v. Islamic Republic of Iran, 2005 WL 756090 (D.D.C.2005) (Bates, J.) ("Dammarell II "); Holland v. Islamic Republic of Iran, 2005 U.S. Dist. LEXIS 40254, Civ. A. No. 01-1924(CKK) (D.D.C.2005) (Kotelly, J.); Salazar v. Islamic Republic of Iran, 370 F.Supp.2d 105 (D.D.C.2005) (Bates, J.); Kilburn v. Republic of Iran, 277 F.Supp.2d 24 (D.D.C. 2003) (Urbina, J.). In light of these recent changes in law, the Court directed plaintiffs to brief the effect of intervening case law, and they filed a memorandum to that effect on January 11, 2006. Plaintiffs subsequently submitted, on June 11, 2006, their Proposed Findings of Fact & Conclusions of Law.

This Court finds that plaintiffs need not file an amended complaint in order to raise their state law claims. Although plaintiffs' initial complaint was filed before many of the cases reinterpreting FSIA claims were decided, the complaint nonetheless sufficiently raises the issues to put the defendants on notice as to the basic facts underlying the claims and the relief sought. See FED.R.Crv.P. 8(a)(2); cf. Swierkiewicz v. Sorema NA, 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (noting that, in a discrimination case, asserting the elements of a prima facie case should not be required at the pleading stage).

In their complaint, plaintiffs specifically invoked New Jersey law to the extent federal law did riot control because, as the last residence of the decedent, it has the strongest interest in the resolution of this case. While plaintiffs neglected in their complaint to reference California law, which governs the claims of the decedent's parents, choice of law is not required in the initial complaint. Rather, it is a matter of argument and briefing. See, e.g., Krieger v. Fadely, 211 F.3d 134, 136 (D.C.Cir.2000) (noting that the complaint need contain "only a short and plain statement of the claim for relief') (internal quotations and citations omitted); 5 C. WRIGHT & A. MILLER, FEDERAL PRACTICE & PROCEDURE § 1219 (2d ed.1990). In light of the foregoing, this Court finds that plaintiffs shall not be required to file an amended complaint. Relief may be granted on their initial complaint.

Plaintiffs' liability and damages claims are supported by the evidence presented in the May 19, 2006 hearing on liability. Based on all of the evidence presented, the Court makes the following findings of fact and conclusions of law and will, consistent with them, enter default judgment in favor of plaintiff and against defendants Iran and the MOIS.

FINDINGS OF FACT

1. Plaintiff Steven Greenbaum was born in Brooklyn, New York. (Trial Tr. 5/19/06 at 85.) He is an American citizen who is domiciled in New Jersey. (Id.) He and Judith Greenbaum were married. (Id. at 88.) He is a plaintiff is in own capacity and as administrator of his late wife's estate.

2. Decedent Judith Greenbaum was born in Los Angeles, California. (Id. at 12.) At the time of her death, she was domiciled in New Jersey. (Id. at 85.)

3. Plaintiff Alan Hayman was born in Los Angeles, California. (Trial Tr. 5/19/06 at 10.) He is an American citizen who was domiciled in California at the time of his daughter's death. (Id. at 10-11.)

4 Plaintiff Shirlee Hayman was born in Chicago, Illinois. (Id. at 56.) She is an American citizen who was domiciled in California at the time of her daughter's death. (Id.)

5. Judith Greenbaum was raised in an orthodox Jewish home. As a teenager, she excelled in academic and creative pursuits and enjoyed a number of close friendships. (Id. at 58.) She wanted to be a teacher from a very young age, and as an adult, she worked as a teacher in Jewish schools in Los Angeles and New York. (Trial Tr. 5/19/06 at 13-14, 59.) From the beginning of her career as a teacher, she was very close to her students, and was extremely dedicated to them. (Id. at 58-59, 92-95, 116-17.)

6. The Greenbaums met through a matchmaker in the fall of 1999 and were married on April 3, 2000. (Id. at 88.) The wedding was attended by over 300 people, including many of Judith Greenbaum's students. (Id. at 17-18.)

7. In late June 2001, Judith Greenbaum traveled to Jerusalem, Israel, and began a six-week study abroad program to complete her graduate studies. (Id. at 22-23.) She had recently learned that she was pregnant, and she and her husband were very excited about starting a family. (Trial Tr. 5/19/06 at 25, 54, 95.) Steven Greenbaum visited her in Jerusalem for four weeks, and their time together was some of the happiest of their lives. (Id. at 96.) He remembers that she liked the Sbarro restaurant, because she was able to eat the food even though she was suffering from nausea associated with the pregnancy. (Id. at 96-97.)

8. Steven Greenbaum left Jerusalem and returned to the United States in early August. (Id. at 96.) After his departure, he and his wife spoke by telephone every day. (Id. at 97.) By August 9, 2001, Judith Greenbaum was looking forward to her planned return to New Jersey a few days later. (Trial Tr. 5/19/06 at 63, 98.) While she was looking forward to starting a family, she intended to continue teaching after the child was born, and likely would have continued teaching at some level throughout her life. (Id. at 83, 92.)

9. The Haymans were well aware of the terrorist activity occurring in Israel. (Id. at 24, 62.) While in Israel, Judith Greenbaum called her parents regularly. (Id. at 25-26.) Both her parents were very close to her.

10. On August 9, 2001, a member of Hamas entered the Sbarro restaurant in Jerusalem and detonated a ten-pound bomb. (Dr. Clawson Dep. (Ex. 14) at 18; see also id. at 10-12 (citing U.S. Dep't of State, 2002 Patterns of Global Terrorism (Ex. 16) at 80.)) The ensuing explosion killed fifteen people, including Judith Greenbaum, and wounded more than 130 others. (Id.)

11. Subsequent confessions and other statements to Israeli police and news organizations verified that llamas was responsible for the attack. (Id. at 18-20.)

12. "llamas, the popular name for the Islamic Resistance Movement, is an 15. organization supported by The Islamic Republic of Iran, dedicated to the waging of Jihad, or a holy war employing terrorism with the object of seizing the leadership of the Palestinian people and asserting sovereignty and the rule of the Muslim religion over all of Palestine, including all territory of the State of Israel." Bodoff v. Islamic 16. Republic of Iran, 424 F.Supp.2d 74, 79, 1110 (D.D.C.2006) (Lamberth, J.) (quoting Weinstein, 184 F.Supp.2d at 19, 1124); see also Mousa v. Islamic Republic of Iran, 238 F.Supp.2d 1, 3, 115 (D.D.C. 2001) (Bryant, J.); Eisenfeld v. Islamic Republic of Iran, 172 F.Supp.2d 1, 5, 1117 (D.D.C.2000) (Lamberth, J.).

13. Defendant Iran actively provided material support to llamas during the period immediately preceding the attack. (Dr. Clawson Dep. (Ex. 14) at 27 (...