ESTATE OF ESTHER KLIEMAN et al v. PALESTINIAN AUTHORITY et al
Filing
298
MEMORANDUM OPINION AND ORDER that the plaintiffs may proceed with jurisdictional discovery limited to the areas specified in the Promoting Security and Justice for Victims of Terrorism Act of 2019, H.R. 1865, 116th Cong., § 903 (Dec. 20, 2019). The parties shall meet and confer about the scope of discovery consistent with these principles and submit a joint status report with a proposed schedule on or before December 18, 2020. Signed by Judge Paul L. Friedman on 12/2/2020. (lceg)
Case 1:04-cv-01173-PLF Document 298 Filed 12/02/20 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiffs,
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v.
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PALESTINIAN AUTHORITY, et al.,
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Defendants.
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_________________________________________ )
ESTATE OF ESTHER KLIEMAN, et al.,
Civil Action No. 04-1173 (PLF)
MEMORANDUM OPINION AND ORDER
On August 18, 2020, the United States Court of Appeals for the District of
Columbia Circuit remanded this case to this Court for further proceedings in light of the passage
of the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”),
H.R. 1865, 116th Cong., § 903 (Dec. 20, 2019). Estate of Esther Klieman v. Palestinian Auth.,
No. 15-7034 (D.C. Cir. Aug. 18, 2020). Subsequently, on September 9, 2020, the parties
submitted a joint status report in which they set forth their respective positions on how they wish
to proceed in this case. Joint Status Report (“JSR”) [Dkt. No. 296] at 1. The Klieman estate
wishes to proceed with jurisdictional discovery, id. at 4, while the Palestinian Authority requests
that the Klieman estate amend the jurisdictional element of the original complaint, id. at 7
(arguing that the Klieman estate has not “demonstrate[d] with plausible factual support
amounting to more than speculation or conclusory statements that discovery will uncover
sufficient evidence to establish personal jurisdiction”) (quoting Estate of Esther Klieman v.
Palestinian Auth., 82 F. Supp. 3d 237, 249 (D.D.C. 2015)).
Case 1:04-cv-01173-PLF Document 298 Filed 12/02/20 Page 2 of 2
Filing an amended complaint is unnecessary. See Nat’l Women’s Pol. Caucus,
Inc. v. Metro. Louisville Women’s Pol. Caucus, Inc., 359 F. Supp. 3d 13, 18 (D.D.C. 2019)
(“The Court is not limited to the four corners of the operative complaint . . . in determining
jurisdictional facts.”). The Klieman estate has proposed jurisdictional discovery that will be
limited to “the narrow issues encapsulated in the predicates established by the PSJVTA.” JSR
at 4; see also JSR at 3-4 (“[D]iscovery would be constrained to the easily identifiable issues
found in the[] predicate requirements [of the PSJVTA].”). As the Klieman estate explains,
“[s]atisfaction of the PSJVTA’s requirements would complete a legally sufficient jurisdictional
theory; an inquiry into these requirements is therefore a valid exercise.” Id. at 4. The Klieman
estate further represents that they are “prepared to discuss the scope of jurisdictional discovery
with Defendants, once the Court has determined how it wishes to proceed.” Id. Jurisdictional
discovery is appropriate so long as it is narrowly tailored to the areas proposed by the Klieman
estate. Accordingly, it is hereby
ORDERED that the plaintiffs may proceed with jurisdictional discovery limited to
the areas specified in the Promoting Security and Justice for Victims of Terrorism Act of 2019,
H.R. 1865, 116th Cong., § 903 (Dec. 20, 2019). The parties shall meet and confer about the
scope of discovery consistent with these principles and submit a joint status report with a
proposed schedule on or before December 18, 2020.
SO ORDERED.
/s/
________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: December 2, 2020
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