ESTATE OF CARMEN E. CRESPO et al v. DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
| CARMEN E. CRESPO, MARCIANO CRESPO-GONZALEZ, CARMEN M. MARTINEZ-CAMACHO, MIGUEL A. CRESPO-MARTINEZ, JAIME CRESPO-PADILLA, RAFAEL CRESPO-PADILLA, VIRGEN FLORES-SUAREZ, LUIS FLORES-VELEZ, ESTHER SUAREZ-HERNANDEZ, CRUCITA FLORES-SUAREZ, ESTATE OF CARMEN E. CRESPO, CARMEN E. CRESPO-MARTINEZ, ESTATE OF MARCIANO CRESPO-GONZALEZ, ESTATE OF CARMEN M. MARTINEZ-CAMACHO, ESTATE OF JAIME L. CRESPO-PADILLA, RAFAEL A. CRESPO-PADILLA, ESTATE OF VIRGEN M. FLORES-SUAREZ, ESTATE OF LUIS FLORES-VELEZ, ESTATE OF ESTHER M. SUAREZ-HERNANDEZ, ESTATE OF JUAN FLORES-SUAREZ, LUCINA FLORES-SUAREZ, JOSE L. FLORES-SUAREZ, HERMES FLORES-SUAREZ, MARIA DEL CARMEN DIAZ-FLORES, MAXIMINO DIAZ-HERNANDEZ, LOURDES G. DIAZ-FLORES, MAXIMINO DIAZ-FLORES, IDA E. DIAZ-FLORES, MICHAEL DIAZ-FLORES, ESTATE OF MELBA A. DIAZ-FLORES, ESTATE OF LINA E. GONZALEZ-ARIAS, ESTATE OF BLANCA R. GONZALEZ-HERNANDEZ, ESTATE OF MARIA A. HERNANDEZ-JIMENEZ, NEREIDA GONZALEZ-HERNANDEZ, JOSE M. GONZALEZ-HERNANDEZ, ESTATE OF BENJAMIN GONZALEZ-HERNANDEZ, ESTATE OF FLOR M. GONZALEZ-HERNANDEZ, ESTATE OF GUSTAVO GONZALEZ-HERNANDEZ, ESTATE OF JAIME GONZALEZ-HERNANDEZ, ESTATE OF LUIS M. GONZALEZ-HERNANDEZ, ESTATE OF NOELIA GONZALEZ-HERNANDEZ, ESTATE OF SAMUEL GONZALEZ-HERNANDEZ, ESTATE OF EUGENIA LOPEZ-HERNANDEZ, ESTATE OF HECTOR V. PEREZ-LOPEZ, ESTATE OF MIGUEL E. MARTINEZ-RIVERA, LYDIA E. MARTINEZ-VILLANUEVA, ESTATE OF RAMON E. MARTINEZ-ROSA, ESTATE OF VASTHI Z. MORALES-RODRIGUEZ, JOSE M. VEGA-FRANQUI, DAMARIS E. VEGA-MORALES, VASTHI N. VEGA-MORALES, ESTATE OF JOSE M. OTERO-ADORNO, ESTATE OF MANUEL OTERO-FELICIANO, FRANCISCO R. OTERO-ADORNO, BLANCA I. OTERO-ADORNO, JUAN R. OTERO-ADORNO, ALICIA OTERO-DIAZ, ESTATE OF LUIS A. OTERO-DIAZ, ESTATE OF JUAN PADILLA-ORTIZ and ALL PLAINTIFFS |
| DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA and NORTH KOREA |
| 1:2022cv01514 |
| May 30, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| P.I.: Other |
| 28 U.S.C. § 1605 A Foreign Sovereign Immunities Act |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Set/Reset Deadlines: Plaintiffs' shall effect their proposed service by publication on or before 10/13/2023. (dot) |
MINUTE ORDER: The Court is in receipt of Plaintiffs' #20 Renewed Motion for an order Directing Alternative Service of Process. Therein, Plaintiffs describe the substantial challenges in serving Defendant Democratic People's Republic of Korea. Because all other methods of service have failed, and in light of the United States of America's lack of diplomatic relations with the Democratic People's Republic of Korea, Plaintiffs request leave to serve Defendant by publication. Under these circumstances, service by publication is undoubtedly permissible. See Aboulgal v. Hifter, Civ. A. No. 20-0298 (CKK), 2020 WL 12762570, at *1 (D.D.C. Apr. 28, 2020); Mwani v. bin Laden, 417 F.3d 1, 8 (D.C. Cir. 2005). Therefore, pursuant to Fed. R. Civ. P. 4(f)(3), and upon good cause shown, Plaintiffs' #20 Renewed Motion for an order Directing Alternative Service of Process is GRANTED. Plaintiffs' shall effect their proposed service by publication on or before October 13, 2023. Signed by Judge Colleen Kollar-Kotelly on September 26, 2023. (lcckk1)
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| Filing 20 MOTION Alternative Service of Process re Order,, by ALL PLAINTIFFS. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ambush, Joshua) |
| Filing 19 CERTIFICATE OF CLERK dispatching one copy of the summons and complaint, together with a translation of each into the official language of the foreign state on 09/07/2023, by FEDEX, to the agency or instrumentality of the foreign state, pursuant to 28 U.S.C. 1608(a)(3). (Attachment: #1 Waybill) (zjm) |
| Filing 18 REQUEST from ALL PLAINTIFFS for the Clerk to dispatch for mailing 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 FEDEX, to the head of the ministry of foreign affairs, pursuant to 28 U.S.C. 1608(a)(3). (zjm) |
| Filing 17 AFFIDAVIT REQUESTING FOREIGN MAILING by ALL PLAINTIFFS. (Attachments: #1 Exhibit Letter to Clerk, #2 Waybill)(Ambush, Joshua) (Main Document 17 replaced on 9/5/2023) (zjm). |
| Set/Reset Deadlines: Time to effectuate service upon party due by 9/29/2023. (dot) |
| Filing 16 MOTION Alternative Service of Process by ALL PLAINTIFFS. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Ambush, Joshua) |
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MINUTE ORDER granting in part and denying without prejudice in part Plaintiffs' #16 Motion for an Order Directing Alternative Service of Process. Plaintiffs shall effect service via mailing upon the Permanent Representative of the Democratic People's Republic of Korea to the United Nations on or before September 29, 2023. If that method of service fails, Plaintiffs may renew their request for service of process via X (formerly known as Twitter). Signed by Judge Colleen Kollar-Kotelly on August 30, 2023. (lcckk1)
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| Filing 15 STATUS REPORT on the Service of Process on the defendant the Democratic People's Republic of Korea by ALL PLAINTIFFS. (Ambush, Joshua) |
| Filing 14 STATUS REPORT on the Service of Process on the defendant the Democratic People's Republic of Korea by ALL PLAINTIFFS. (Ambush, Joshua) |
| Filing 13 STATUS REPORT by ALL PLAINTIFFS. (Attachments: #1 Exhibit)(Ambush, Joshua) |
| Filing 12 STATUS REPORT on the Service of Process on the defendant the Democratic People's Republic of Korea by ALL PLAINTIFFS. (Ambush, Joshua) |
| Set/Reset Deadlines: Plaintiffs shall file another status report as to service of process on or before 1/20/2023. (dot) |
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MINUTE ORDER: This Foreign Sovereign Immunities Act matter was filed on May 30, 2022, and the Clerk of Court effected foreign mailing pursuant to 28 U.S.C. 1608(a)(4) on August 2, 2022. Plaintiffs last updated the Court on their efforts to perfect service on October 13, 2022. As of that date, the United States Department of State reported that it had yet to ensure complete service, which is complicated by the lack of diplomatic relations between the Democratic People's Republic of Korea and the United States of America. Plaintiffs shall file another status report as to service of process on or before January 20, 2023 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on January 6, 2023. (lcckk1)
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| Filing 11 NOTICE of Status of Service of Process by ALL PLAINTIFFS (Ambush, Joshua) |
| Set/Reset Deadlines: Plaintiffs shall file an affidavit of service on or before 11/4/2022. (dot) |
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MINUTE ORDER: Although the Clerk of Court has certified that it has facilitated service of process via the United States Department of State, no affidavit of service has yet been filed. Plaintiffs shall file an affidavit of service on or before November 4, 2022 or, failing that, a notice explaining why service of process has not yet been effected. Signed by Judge Colleen Kollar-Kotelly on October 12, 2022. (lcckk1)
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| Filing 10 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 08/02/2022, by FedEx, return receipt requested, to the U. S. Department of State, Director of Overseas Citizens Services, pursuant to 28 U.S.C. 1608(a)(4). (Attachment: #1 Waybill) (zjm) |
| Filing 9 REQUEST from ALL PLAINTIFFS for the Clerk to effect service of two copies of the summons, complaint, and notice of suit, together with a translation of each into the official language of the foreign state, by certified mail, return receipt requested, to the U. S. Department of State, Director of Overseas Citizens Services, pursuant to 28 U.S.C. 1608(a)(4). (zjm) |
| Filing 8 AFFIDAVIT REQUESTING FOREIGN MAILING by ALL PLAINTIFFS. (Ambush, Joshua) |
| Filing 7 CERTIFICATE OF CLERK of mailing one copy of the summons and complaint, and notice of suit together with a translation of each into the official language of the foreign state on 07/12/2022, by FEDEX, to the agency or instrumentality of the foreign state, pursuant to 28 U.S.C. 1608(a)(3). (Attachment: #1 Waybill) (zjm) (Main Document 7 replaced on 7/15/2022) (zjm). |
| Filing 6 REQUEST from ALL 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 FEDEX, to the head of the ministry of foreign affairs, pursuant to 28 U.S.C. 1608(a)(3). (See Docket Entry #5 to view document) (zjm) |
| Filing 5 AFFIDAVIT REQUESTING FOREIGN MAILING by ALL PLAINTIFFS. (Attachments: #1 Exhibit Letter, #2 Waybill)(Ambush, Joshua) |
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Filing 4
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 06/06/2022. (DM)
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| Filing 3 SUMMONS (1) Issued Electronically as to DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA. (Attachment: #1 Notice and Consent)(zjm) |
| Case Assigned to Judge Colleen Kollar-Kotelly. (zjm) |
| Filing 2 SEALED DOCUMENT filed by ALL PLAINTIFFS re #1 Complaint (This document is SEALED and only available to authorized persons.)(Ambush, Joshua) Modified on 6/2/2022 to edit docket text (zjm). |
| NOTICE OF ERROR re #1 Complaint; emailed to joshua@ambushlaw.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ) |
| Filing 1 COMPLAINT against DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA ( Filing fee $ 402 receipt number ADCDC-9269588) filed by ALL PLAINTIFFS. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Ambush, Joshua) Modified on 6/2/2022 to edit docket text (zjm). |
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