HASTON v. REPUBLIC OF CUBA
||REPUBLIC OF CUBA
||March 18, 2016
||US District Court for the Southern District of Indiana
||William T. Lawrence
||Debra McVicker Lynch
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||28 U.S.C. § 1605 Antiterrorism & Effective Death Penalty Act 1996
|Jury Demanded By:
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|November 9, 2017
ORDER denying Plaintiff's 16 Motion for Default Judgment. For the reasons set forth above, the Court must conclude that Haston is unable to "establish [her] claim or right to relief by evidence satisfactory to the court" as requir ed by 28 U.S.C. § 1608(e), and therefore she is not entitled to default judgment against the Republic of Cuba. Rather, this case must be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, because the only asserted basis for this Court's jurisdiction over the Republic of Cuba--the terrorism exception to the FSIA set forth in 28 U.S.C. § 1605A-- cannot be satisfied given the facts of this case. Signed by Judge William T. Lawrence on 11/9/2017. (JDC)
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