Opati v. Republic of Sudan

• Citation: 60 F.Supp.3d 68
• Decision Date: 25 July 2014
• Docket Number: Civil Action No. 12–1224 JDB
• Parties: Monicah Okoba Opati, et al., Plaintiffs, v. Republic of Sudan, et al., Defendants.
• Court: U.S. District Court — District of Columbia

60 F.Supp.3d 68

Monicah Okoba Opati, et al., Plaintiffs

v.Republic of Sudan, et al., Defendants.

Civil Action No. 12–1224 JDB

United States District Court, District of Columbia.

Signed July 25, 2014

Michael Joseph Miller, The Miller Firm, LLC, Orange, VA, Steven R. Perles, Perles Law Firm, P.C., Washington, DC, Gavriel Mairone, MM-Law LLC, Chicago, IL, for Plaintiffs Monicah Okoba Opati, Selifah Ongecha Opati, Rael Angara Opati, Johnstone Mukabi, Salome Ratemo, Kevin Ratemo, Fredrick Ratemo, Louis Ratemo, Stacy Waithera, Michael Daniel, Judith Nandi Busera, Roselyne Karsorani, George Mwangi, Bernard Machari, Gad Gideon Achola, Mary Njoki Muiruri, Jonathan Karania Nduti, Gitionga Mwaniki, Rose Nyette, Elizabeth Nzaku, Patrick Nyette, Cornel Kebungo, Phoebe Kebungo, Joan Adundo, Benard Adundo, Nancy Njoki Macharia, Edwin Oyoo, Priscah Owino, Greg Owino, Michael Kamau Mwangi, Joshua O. Mayunzu, Zackaria Musalia Ating'a, Julius M. Nyamweno, Polychep Odhiambo, David Jairus Aura, Charles Oloka Opondo, Ann Kanyaha Salamba, Erastus Mijuka Ndeda, Techonia Oloo Owiti, Joseph Ingosi, Peter Ngigi Mugo, Simon Mwanhi Nhure, Joseph K. Gathungu, Dixon Olubinzo Indiya, Peter Njenga Kungu, Charles Gt. Kabui and John Kiswilli an employee of the United States Government or an employee of a Contractor for the United States Government.

MEMORANDUM OPINION

JOHN D. BATES, United States District Judge

Over fifteen years ago, on August 7, 1998, the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania were devastated by simultaneous suicide bombings that killed hundreds of people and injured over a thousand. Plaintiffs, victims of the bombings and their families brought this civil action and several related cases under the Foreign Sovereign Immunities Act (“FSIA”) against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out these unconscionable acts. Now before the Court is plaintiffs' motion for default judgment on liability and damages.

The 284 plaintiffs in this case are Kenyan, Tanzanian, and United States citizens injured and killed in the bombings and their immediate¹ family members.² This case is one of many before this Court involving the 1998 embassy bombings; this case happens to be the latest-filed of the group. Before it was even filed, this Court held in the earlier-filed and consolidated cases that it has jurisdiction over defendants and that the foreign-national plaintiffs who worked for the U.S. government are entitled to compensation for personal injury and wrongful death under 28 U.S.C. § 1605A(c)(3). See Owens v. Republic of Sudan, 826 F.Supp.2d 128, 148–51 (D.D.C.2011). The Court also held that, although those plaintiffs who are foreign-national family members of victims lack a federal cause of action, they may nonetheless pursue claims under the laws of the District of Columbia. Id. at 153–57. A final judgment on liability was entered in favor of plaintiffs. Owens, No. 01–2244, Nov. 28, 2011 Order [ECF No. 214] at 2. The Court found that the deposition testimony and other evidence presented established that the defendants were responsible for supporting, funding, and otherwise carrying out the bombings in Nairobi and Dar es Salaam. See Owens, 826 F.Supp.2d at 135–47.

Plaintiffs then filed this action. In their complaint, plaintiffs re-allege the same basic set of facts that had been found by the Court in Owens, and they seek damages under the same causes of action. See generally 2d Am. Compl. [ECF No. 24]. Service of process was completed upon each defendant, but defendants failed to respond, and a default was entered against each defendant. See Entries of Default [ECF Nos. 41, 42]. Next, plaintiffs [43] requested that this Court take judicial notice of its findings in Owens, and moved for default judgment.

Before plaintiffs can be awarded any relief, this Court must determine whether they have established their claims “by evidence satisfactory to the court.” 28 U.S.C. § 1608(e) ; see also Roeder v. Islamic Republic of Iran, 333 F.3d 228, 232 (D.C.Cir.2003). This “satisfactory to the court” standard is identical to the standard for entry of default judgments against the United States in Federal Rule of Civil Procedure 55(e). Hill v. Republic of Iraq, 328 F.3d 680, 684 (D.C.Cir.2003). In evaluating the plaintiffs' proof, the Court may “accept as true the plaintiffs' uncontroverted evidence.” Elahi v. Islamic Republic of Iran, 124 F.Supp.2d 97, 100 (D.D.C.2000) ; Campuzano v. Islamic Republic of Iran, 281 F.Supp.2d 258, 268 (D.D.C.2003). And a court may “take judicial notice of related proceedings and records in cases before the same court.” Valore v. Islamic Republic of Iran, 700 F.Supp.2d 52, 59 (D.D.C.2010) (quoting Brewer v. Islamic Republic of Iran, 664 F.Supp.2d 43, 50–51 (D.D.C.2009) ). Here, plaintiffs rely solely on this final form of evidence in support of their default judgment motion.

A three-day hearing on liability and damages was held in Owens beginning on October 25, 2010. At that hearing, the Court received evidence in the form of live testimony, videotaped testimony, affidavits, and original documentary and videographic evidence. The Court applied the Federal Rules of Evidence. Based on that record, the Court made extensive findings of fact and conclusions of law. See Owens, 826 F.Supp.2d at 135–157.

Under Federal Rule of Evidence 201(b), courts may take judicial notice of facts “not subject to reasonable dispute” that are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). And “[a] court may take judicial notice of, and give effect to, its own records in another but interrelated proceeding....” Booth v. Fletcher, 101 F.2d 676, 679 n. 2 (D.C.Cir.1938) ; see also 29 Am.Jur.2d Evidence § 151 (2010). Courts in this district have done so frequently in the FSIA context. See, e.g., Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 171 (D.D.C.2010) (collecting cases). Taking judicial notice of the facts, though, does not mean automatically “accepting the truth of the earlier court's findings and conclusions.” Id. at 172. Instead, courts in this district rely on the evidence presented in the earlier litigation and make their own independent findings of fact based on that evidence—the judicial records “establishing the type and substance of evidence that was presented to earlier courts” is “ ‘not subject to reasonable dispute.’ ” Id. (citing Fed. R. Evid. 201(b) ). Keeping all that in mind, then, the Court takes judicial notice of the evidence presented in Owens and, based on that evidence, makes the following findings of fact.

I. FINDINGS OF FACT

a. Defendants

The government of the Islamic Republic of Iran (“Iran”) has a long history of providing material aid and support to terrorist organizations including al Qaeda, which has claimed responsibility for the August 7, 1998 embassy bombings. Owens, 826 F.Supp.2d 128.³ The government of Iran aided, abetted, and conspired with Hezbollah, Osama Bin Laden, and al Qaeda to launch large-scale bombing attacks against the United States via powerful suicide truck bombs. Id. During the relevant time period, the Iranian defendants, through Hezbollah, provided explosives training to Bin Laden and al Qaeda and rendered direct assistance to al Qaeda operatives. Id.

Support from Iran and Hezbollah was critical to al Qaeda's execution of the 1998 embassy bombings. Id. at 139. Before its meetings with Iranian officials and agents, al Qaeda did not possess the technical expertise required to carry out the embassy bombings. Id. In the 1990s, al Qaeda received training in Iran and Lebanon on how to destroy large buildings with sophisticated and powerful explosives. Id. The government of Iran was aware of and authorized this training and assistance. Id. Hence, for these reasons, and based on the extensive evidence presented in Owens, the Court finds that the Iranian defendants provided material aid and support to al Qaeda for the 1998 embassy bombings and are liable for plaintiffs' damages.

The Sudanese defendants (“Sudan”) gave material aid and support to Bin Laden and al Qaeda in several ways. Id. Sudan harbored and provided sanctuary and support to terrorists and their operational and logistical supply network. Id. Bin Laden and al Qaeda received the protection of the Sudanese intelligence and military from foreign intelligence services and rival militants. Id. Sudanese government support for Bin Laden and al Qaeda was also important to the execution of the 1998 embassy bombings. Id. Critically, Sudan provided safe haven in a country near the two U.S. embassies. Id. Sudan provided Bin Laden and al Qaeda hundreds of Sudanese passports. Id. The Sudanese intelligence service allowed al Qaeda to travel over the Sudan—Kenya border without restriction, permitting the passage of weapons and money to supply the Nairobi terrorist cell. Id. And Sudan's support of al Qaeda was official Sudanese government policy. Id. Hence, the Court finds that the Sudanese defendants provided material aid and support to al Qaeda for the 1998 embassy bombings and are liable for plaintiffs' damages.

With the support of Sudan and Iran, al Qaeda killed hundreds and attempted to kill thousands of individuals on site in the 1998 U.S. embassy attacks in Nairobi, Kenya and Dar es Salaam, Tanzania. Id. at 146. The evidence presented in Owens, and relied on here, overwhelmingly supports the conclusion that al Qaeda carried out the two bombing attacks, and Bin Laden himself claimed responsibility for them during an al Qaeda documentary history released by the al Qaeda media wing. Id.

b. Plaintiffs

The Court referred plaintiffs' claims to several special masters⁴ to prepare proposed...