HASTON v. REPUBLIC OF CUBA

HASTON v. REPUBLIC OF CUBA

Plaintiff:	ROBIN HASTON
Defendant:	REPUBLIC OF CUBA
Case Number:	1:2016cv00615
Filed:	March 18, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	William T. Lawrence
Presiding Judge:	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:	None

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Date Filed	Document Text
November 9, 2017	Filing 18 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)

Date Filed

Document Text

November 9, 2017

Filing 18 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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Plaintiff: ROBIN HASTON
Represented By:	Jason A. Shartzer
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Defendant: REPUBLIC OF CUBA
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