HAGERMAN et al v. THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA

Filing 103

STATUS REPORT by SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, LIBYAN EXTERNAL SECURITY ORGANIZATION, LIBYAN ARAB AIRLINES. (Attachments: # 1 Exhibit Exhibits A-D)(Curran, Christopher)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _______________________________________ ) ETHEL HURST, et al., ) ) Plaintiffs, ) ) v. ) ) SOCIALIST PEOPLE’S LIBYAN ARAB ) JAMAHIRIYA, et al., ) ) Defendants. ) _______________________________________) Civil Action No. 1:02-cv-02147 (HHK) STATUS REPORT In light of recent legislative and diplomatic developments, the Libyan Defendants (i.e., the Libyan State Defendants and the Libyan Individual Defendants) submit this status report setting forth the status of this matter and any future proceedings that may be necessary. On July 31, 2008 Congress passed and on August 4, 2008 the President signed the Libyan Claims Resolution Act, Pub. L. No. 110-301 (2008) (Exhibit A). On August 14, 2008 the United States and Libya executed a Claims Settlement Agreement (Exhibit B). On October 31, 2008, Secretary of State Condoleezza Rice delivered to the House and Senate Committees on Foreign Relations and on the Judiciary the Certification under Section 5(a)(2) of the Act. See Press Release and Certification (Exhibit C). In addition, on October 31, 2008, President Bush signed an Executive Order regarding settlement of claims against Libya. See Executive Order (Exhibit D). In view of the requisite dismissal of this and similar actions involving Libya upon the Secretary of State’s Certification under the Act, the Libyan State Defendants have contacted Plaintiffs requesting a stipulation of dismissal under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. If the parties are unable to enter such a stipulation promptly, the Libyan State Defendants will file a motion to dismiss. Dated: November 7, 2008 Respectfully submitted, /s/ Christopher M. Curran Christopher M. Curran (D.C. Bar No. 408561) Francis A. Vasquez, Jr. (D.C. Bar No. 442161) Nicole E. Erb (D.C. Bar No. 466620) 701 Thirteenth Street, N.W. Washington, D.C. 20005 Telephone: (202) 626-3600 Facsimile: (202) 639-9355 Counsel for the Socialist People’s Libyan Arab Jamahiriya, Libyan External Security Organization, and Libyan Arab Airlines BAACH ROBINSON & LEWIS PLLC /s/ Eric L. Lewis_____________________ Eric L. Lewis (D.C. Bar No. 344643) Alan Croft (D.C. Bar No. 442388) 1201 F Street, N.W. Suite 500 Washington, D.C. 20004-1225 Telephone: (202) 833-8900 Facsimile: (202) 466-5738 Counsel for Defendant Abdel Basset Ali AlMegrahi 2