CUMMOCK, et al v. SOC. PEOPLE'S LIBYAN, et al

Filing 63

MOTION for Summary Judgment Based on Collateral Estoppel as to Defendant Abdel Baset Al-Megrahi by M. VICTORIA CUMMOCK, ASHLEY MICHELLE CUMMOCK, CHRISTOPHER JOHN CUMMOCK, MATTHEW DAVID CUMMOCK. (Attachments: # 1 Memorandum of Points and Authorities In Support of Plaintiffs' Motion For Summary Judgment# 2 Exhibit A# 3 Exhibit B (Part 1 of 4)# 4 Exhibit B (Part 2 of 4)# 5 Exhibit B (Part 3 of 4)# 6 Exhibit B (Part 4 of 4)# 7 Exhibit C (Part 1 of 3)# 8 Exhibit C (Part 2 of 3)# 9 Exhibit C (Part 3 of 3)# 10 Exhibit D# 11 Exhibit E# 12 Statement of Facts As To Which There Is No Genuine Issue In Support of Plaintiffs' Motion for Summary Judgment# 13 Exhibit A)(Flowers, Jodi)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

M. VICTORIA CUMMOCK, in her own
right, and as personal representative of
the ESTATE of JOHN CUMMOCK,
deceased; CHRISTOPHER JOHN
CUMMOCK; MATTHEW DAVID
CUMMOCK; and ASHLEY
MICHELLE CUMMOCK,

)
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
THE SOCIALIST PEOPLE'S LIBYAN )
ARAB JAMAHIRIYA; LIBYAN
)
EXTERNAL SECURITY
)
ORGANIZATION, a/k/a JAMAHIRIYA )
SECURITY ORGANIZATION; LIBYAN)
ARAB AIRLINES; ABDEL-BASSET
)
ALI AL-MEGRAHI, a/k/a MR. BASET, )
a/k/a AHMED KHALIFA ABDUSAMED,)
a/k/a ABD AL-BASIT AL-MAQRAHI; )
and LAMEN KHALIFA FHIMAH, a/k/a )
AL AMIN KHALIFA FHIMAH, a/k/a
)
MR. LAMIN,
)
)
Defendants.
)
____________________________________)

Case No. 96-CV-1029 (CKK)

PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
BASED ON COLLATERAL ESTOPPEL
AS TO DEFENDANT ABDEL BASET AL-MEGRAHI

Pursuant to LCvR 7 and 56.1, Plaintiffs hereby move this Court for summary judgment as
to Defendant Abdelbaset Ali Al-Megrahi (“Megrahi”) based on collateral estoppel and
international comity as a result of the criminal conviction of Megrahi on 270 counts of murder by
the Scottish High Court of Justiciary on January 31, 2001, for his role in the bombing of Pan
American Airlines Flight 103 en route from Heathrow Airport in London to John F. Kennedy

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International Airport in New York on December 21, 1988. Pursuant to LCvR 7(m), counsel for
Plaintiffs has conferred with counsel for Megrahi and have determined that it is impossible to
narrow the areas of disagreement and that this motion will be met with opposition.
Respectfully submitted,

Dated: June 3, 2005

_/S/_______________________________
Ronald L. Motley, Esq.
Donald A. Migliori, Esq.
Jodi W. Flowers, Esq.
Mary F. Schiavo, Esq.
Michael Elsner, Esq.
Elizabeth Smith, Esq.
Justin B. Kaplan, Esq.
John M. Eubanks, Esq.
MOTLEY RICE LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
[phone]
Fax: [phone]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of June, 2005, I sent a true copy via Federal
Express of the Plaintiffs' Motion for Summary Judgment Based on Collateral Estoppel as
to Defendant Abdel Baset Al-Megrahi, Memorandum of Points and Authorities in
Support of Plaintiffs’ Motion for Summary Judgment Based on Collateral Estoppel as to
Defendant Abdel Baset Al-Megrahi, and Plaintiffs' Statement of Material Facts as to
Which There is no Genuine Issue in Support of Plaintiffs' Motion for Summary Judgment
Based on Collateral Estoppel as to Defendant Abdel Baset Al-Megrahi to:

Arman Dabiri, Esquire
1701 Pennsylvania Avenue, N.W.
Suite 300
Washington, DC 20006
[phone]
[phone] (fax)
Counsel for Defendants, Socialist People's Libyan Arab Jamahiriya, The Libyan External
Security Organization, Libyan Arab Airlines
Dante Mattioni, Esquire
Mattioni, Ltd.
399 Market Street, 2nd Floor
Philadelphia, PA 19106
[phone]
[phone] (fax)
Counsel for Defendant, Mr. Abdel Baset Ali Mohmed Al-Megrahi and Lamen Khalifa
Fhimah

__/S/_______________________________
Jodi Westbrook Flowers