MAUPIN et al v. SYRIAN ARAB REPUBLIC et al
| STEPHEN M. SPENCER, KENT M. MAUPIN and LEE ANN COTTRELL |
| ASIF SHAWKAT, BASHAR AL-ASAD, SYRIAN ARAB REPUBLIC and SYRIAN MILITARY INTELLIGENCE |
| ALAN BALARAN |
| 1:2017cv01213 |
| June 20, 2017 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 88888 |
| Colleen Kollar-Kotelly |
| P.I.: Other |
| 28 U.S.C. § 1605 A |
| None |
Docket Report
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| Filing 38 CERTIFICATE OF CLERK of mailing one copy of the Final Judgment, together with a translation of each into the official language of the foreign state on 10/1/2019, by DHL, to the agency or instrumentality of the foreign state, pursuant to 28 U.S.C. 1608(a)(3). (Attachments: #1 Exhibit DHL Waybills, #2 Exhibit DHL PIck-up Confirmation) (zrdj) |
| Filing 37 REQUEST from LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER for the Clerk to effect service of the Final Judgment, and notice, together with a translation of each into the official language of the foreign state, by DHL, to the head of the ministry of foreign affairs, pursuant to 28 U.S.C. 1608(a)(3). (See docket entry #36 )(zrdj) |
| Filing 36 AFFIDAVIT REQUESTING FOREIGN MAILING of Final Judgment under 28 U.S.C. sec. 1608(a)(3) by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Perles, Steven) |
| Filing 35 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 9-19-2019. (lcckk3) |
Filing 34
ORDER granting #33 Motion for Order; granting in part and denying in part #27 Motion. Signed by Judge Colleen Kollar-Kotelly on 9-19-2019. (lcckk3)
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| Filing 33 MOTION for Order Adopting in Whole the Special Master Report by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER (Attachments: #1 Text of Proposed Order)(Perles, Steven) |
| Filing 32 Report of Special Master (BALARAN, ALAN) |
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Filing 31
ORDER APPOINTING SPECIAL MASTER. Signed by Judge Colleen Kollar-Kotelly on 5-7-2019. (lcckk3)
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| Filing 30 STATUS REPORT by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Attachments: #1 Exhibit A, #2 Exhibit B)(Perles, Steven) |
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Filing 29
ORDER for initial appointment of special master. Signed by Judge Colleen Kollar-Kotelly on 4/25/2019. (lcckk3)
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| Filing 28 STATUS REPORT regarding Alan Balaran by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Perles, Steven) |
| Set/Reset Deadlines: Plaintiffs shall file a Status Report by 5/8/2019, updating the Court on Plaintiffs' discussions with Mr. Balaran. (dot) |
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #27 Motion for Damage Awards. This case presents the same factual background as Foley v. Syrian Arab Republic, 11-cv-699. Both cases involved the distribution of damages for the death of Keith Matthew Maupin. The primary difference between this case and Foley, as relates to Mr. Maupin, is which of Mr. Maupin's family members are seeking damages for his death. Here, Mr. Maupin's half-siblings seek damages. The Court requests that Plaintiffs contact the Special Master from Foley, Mr. Alan L. Balaran, and ask that he conduct the damages proceeding in this matter. Because Mr. Balaran conducted the damages proceeding in Foley, he has an understanding of the facts which will conserve judicial resources. The Court ORDERS Plaintiffs to file a Status Report by MAY 8, 2019, updating the Court on Plaintiffs' discussions with Mr. Balaran. Following the submission of Plaintiffs' Status Report, the Court will enter an Order relating to the damages proceeding. Signed by Judge Colleen Kollar-Kotelly on 4/24/2019. (lcckk3)
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| Filing 27 MOTION for Damage Awards by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Perles, Steven) Modified text and event on 4/23/2019 (ztd). |
| Set/Reset Deadlines: Plaintiffs to submit evidence to prove their damages by 4/22/2019. (dot) |
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Filing 26
MEMORANDUM OPINION AND ORDER granting #25 Motion for Default Judgment; granting #25 Motion to Take Judicial Notice. Signed by Judge Colleen Kollar-Kotelly on 3/20/2019. (lcckk3)
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| Filing 25 MOTION for Default Judgment as to Liability, MOTION to Take Judicial Notice by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit C1, #6 Exhibit C2, #7 Exhibit C3, #8 Exhibit C4)(Perles, Steven) |
| Filing 24 Clerk's ENTRY OF DEFAULT as to SYRIAN ARAB REPUBLIC, SYRIAN MILITARY INTELLIGENCE (ztd) |
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #23 Motion for Entry of Default. Plaintiffs request that the Court direct the Clerk of Court to enter default against Defendants Syrian Arab Republic and Syrian Military Intelligence based on their failure to respond to service within the allotted timeframe, pursuant to 28 U.S.C. 1608(a)(4) and Fed. R. Civ. P. 55(a). Plaintiffs report that service under 28 U.S.C. 1608(a)(1) was not possible as no special arrangement exists. Plaintiffs further report that service under 28 U.S.C. 1608(a)(2) was also not possible as there is no applicable international convention on service. Plaintiffs attempted service under 28 U.S.C. 1608(a)(3). But, Syrian Ministry Foreign Affairs rejected receipt of the delivery of the summons and complaint. See ECF No. 17. Finally, Plaintiffs report that they have successfully effected service under 28 U.S.C. 1608(a)(4). While the United States does not maintain diplomatic relations with the government of Syria, the State Department conveyed the service documents to the Czech Ministry of Foreign Affairs which served them on the Syrian Ministry of Foreign Affairs on September 20, 2018. ECF No. 21. The Defendants had 60 days to respond following the completion of service. That date passed on November 19, 2018 with Defendants filing no answer or pleading of any kind. Because Plaintiffs report that they have successfully effected service under 28 U.S.C. 1608(a)(4), and Defendants have failed to respond, the "Clerk must enter the party's default." Fed. R. Civ. Pro. 55(a). Accordingly, Plaintiffs' Motion is GRANTED and the Clerk of the Court is ORDERED to enter default. Signed by Judge Colleen Kollar-Kotelly on 1-3-2019. (lcckk3)
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| Filing 23 MOTION FOR ENTRY OF DEFAULT by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER (Attachments: #1 Text of Proposed Order)(Amick, Emily). |
| Filing 22 AFFIDAVIT in response to Court's September 14, 2018 Order by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Amick, Emily) |
| Filing 21 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to SYRIAN ARAB REPUBLIC served on 9/20/2018, answer due 11/19/2018; SYRIAN MILITARY INTELLIGENCE served on 9/20/2018, answer due 11/19/2018 under diplomatic notes, numbers 1465-1/2018 and 1466-1/2018 dated September 9, 2018 and delivered on September 20, 2018. (Original Diplomatic Notes mailed to Plaintiff's Counsel) (zrdj) |
| Set/Reset Deadlines: Plaintiff to file a Status Report to updating the Court on the progress of service by 1/15/2019. (dot) |
| Filing 20 STATUS REPORT regarding service by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Perles, Steven) |
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #20 Status Report, in which Plaintiffs represent that they are attempting to complete service under 28 U.S.C. 1608(a)(4) and are working to rectify an issue on their diplomatic notes. The Plaintiffs propose updating the Court on service by no later than January 15, 2019. The Plaintiffs are ORDERED to file a Status Report updating the Court on the progress of service in this case by no later than JANUARY 15, 2019. Signed by Judge Colleen Kollar-Kotelly on 9-14-2018. (lcckk3)
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| Filing 19 NOTICE of Appearance by Emily Amick on behalf of All Plaintiffs (Amick, Emily) |
| Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed under diplomatic notes No. 1158/2018 as to SYRIAN ARAB REPUBLIC served on 4/10/2018, answer due 6/9/2018; SYRIAN MILITARY INTELLIGENCE served on 4/10/2018, answer due 6/9/2018. (ztd) |
| Set/Reset Deadlines: Plaintiffs' Status Report due by 9/15/2018. (kt) |
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #17 Status Report, in which Plaintiffs represent that they are attempting to complete service under 28 U.S.C. 1608(a)(4) and are working to obtain a diplomatic note. The Plaintiffs propose updating the Court on service by no later than September 15, 2018. The parties are ORDERED to file a Status Report updating the Court on the progress of service in this case by no later than SEPTEMBER 15, 2018. Signed by Judge Colleen Kollar-Kotelly on 7/9/2018. (lcckk3)
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| Filing 17 STATUS REPORT on the progress of service by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Perles, Steven) |
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MINUTE ORDER. Plaintiffs are ORDERED to file a Status Report updating the Court on the progress of service in this case by no later than JUNE 29, 2018. Signed by Judge Colleen Kollar-Kotelly on 5/23/2018. (lcckk3)
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| Set/Reset Deadlines: Plaintiff's Status Report due by 6/29/2018. (kt) |
| Filing 16 SUMMONS (4) Reissued Electronically as to BASHAR AL-ASAD, ASIF SHAWKAT, SYRIAN ARAB REPUBLIC, SYRIAN MILITARY INTELLIGENCE (znmw) |
| Filing 15 REQUEST FOR SUMMONS TO ISSUE filed by KENT M. MAUPIN, STEPHEN M. SPENCER, LEE ANN COTTRELL. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Perles, Steven) |
| Filing 14 CERTIFICATE OF CLERK of mailing two copies of the summons, complaint, and notice of suit, together with a translation of each into the official language of the foreign state on 11/6/2017, by Priority Mail, to the U.S. Department of State, CA/OSC/L, SA-17, 10th Floor, Washington, DC 20522-1710, ATTN:Director of Overseas Citizens Services, pursuant to 28 U.S.C. 1608(a)(4). (zrdj) |
| Filing 13 AFFIDAVIT REQUESTING FOREIGN MAILING under 28 U.S.C. sec. 1608(a)(4) by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (MacAllister, Edward) |
| Filing 12 CERTIFICATE OF CLERK of mailing one copy of the summons and complaint, together with a translation of each into the official language of the foreign state on 8/18/17, by DHL, to the agency or instrumentality of the foreign state, pursuant to 28 U.S.C. 1608(a)(3) to defendants. (Attachments: #1 DHL Confirmation to pick-up, #2 DHL Waybills, #3 confirmation) (ztd) |
| Filing 11 REQUEST from Plaintiffs for the Clerk to effect service of one copy of the summons, complaint, and notice of suit, together with a translation of each into the official language of the foreign state, by DHL, to the head of the ministry of foreign affairs, pursuant to 28 U.S.C. 1608(a)(3). (See docket entry no. #10 to view document.) (td) |
| Filing 10 AFFIDAVIT REQUESTING FOREIGN MAILING service on all defendants under 28 USC sec.1608(a)(3) by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Perles, Steven) |
| Filing 9 AFFIDAVIT Regarding Failure of Service under 28 USC sec. 1608(a)(3) by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (MacAllister, Edward) |
| Filing 8 Summons Returned Unexecuted as to BASHAR AL-ASAD, ASIF SHAWKAT, SYRIAN ARAB REPUBLIC, SYRIAN MILITARY INTELLIGENCE. *Originals mailed to Plaintiff's Counsel*(zrdj) |
| Filing 7 CERTIFICATE OF CLERK of mailing one copy of the summons and complaint, together with a translation of each into the official language of the foreign state on 7/19/2017, by DHL, to the agency or instrumentality of the foreign state, pursuant to 28 U.S.C. 1608(a)(3). (Attachments: #1 Waybill) (zrdj) |
| Filing 6 AFFIDAVIT REQUESTING FOREIGN MAILING service on all defendants under 28 USC sec.1608(a)(3) by LEE ANN COTTRELL, KENT M. MAUPIN, STEPHEN M. SPENCER. (Perles, Steven) |
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Filing 5
ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 6/27/2017. (DM)
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| Filing 4 NOTICE of Appearance by Edward B. MacAllister on behalf of All Plaintiffs (MacAllister, Edward) |
| Filing 3 SUMMONS (4) Issued Electronically as to BASHAR AL-ASAD, ASIF SHAWKAT, SYRIAN ARAB REPUBLIC, SYRIAN MILITARY INTELLIGENCE. (Attachment: #1 Consent Forms)(jd) |
| Case Assigned to Judge Colleen Kollar-Kotelly. (jd) |
| Filing 2 NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 11-699. (Perles, Steven) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4999447) filed by KENT M. MAUPIN. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Perles, Steven) |
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