TULTY et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Filing 10

ORDER granting 7 defendants' motion to dismiss without prejudice. Signed by Judge John D. Bates on 9/6/2005. (lcjdb2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ASHRAF TULTY, et al.,
Plaintiffs,
v.

Civil Action No. 04-1780 (JDB)

SOCIALIST PEOPLE’S LIBYAN ARAB
JAMAHIRIYA, et al.,
Defendants.

ORDER
Defendants have moved to dismiss on several grounds, including plaintiffs' failure to
satisfy the arbitration requirement of the Foreign Sovereign Immunities Act, 28 U.S.C.
§ 1605(a)(7)(B)(i), and lack of personal jurisdiction and head of state immunity as to defendant
Muammar Qadhafi (Libya's head of state). In their opposition to defendants' motion, filed on
August 15, 2005, plaintiffs concede that they have not met the jurisdictional arbitration
requirement of the FSIA1 and agree to the dismissal of defendant Qadhafi.
Accordingly, it is this 6th day of September, 2005, hereby
ORDERED that defendants' motion to dismiss is GRANTED and this action is dismissed
without prejudice.

/s/ John D. Bates
JOHN D. BATES
United States District Judge
Dated:

September 6, 2005

1

Plaintiffs request that any dismissal on this basis be without prejudice.

Copies to:
Robert S. Corish
Corish, Hill & Associates, PLLC
1039 Sterling Road
Suite 102
Herndon, VA 20170
[phone]
Email: [e-mail]
Counsel for plaintiffs
Arman Dabiri
1701 Pennsylvania Avenue, NW
Suite 300
Washington, DC 20006
[phone]
Email: [e-mail]
Counsel for defendants

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