ESTATE OF JOHN BUONOCORE III et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al

Filing 75

ORDER granting 73 Defendants' Supplemental Motion to Dismiss; the Amended Complaint is dismissed in its entirety with prejudice. Signed by Judge Gladys Kessler on 11/25/08. (lcgk1, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ESTATE OF JOHN BUONOCORE, III, :
et al.,
:
:
Plaintiffs,
:
:
v.
:
:
GREAT SOCIALIST PEOPLE’S
:
LIBYAN ARAB JAMAHIRYA, et al.,
:
:
Defendants.
:
____________________________________:
:
VICTOR SIMPSON, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
SOCIALIST PEOPLE’S LIBYAN
:
ARAB JAMAHIRYA, et al.,
:
:
Defendants.
:

Civil Action No. 06-727 (GK)

Civil Action No. 08-505 (GK)

ORDER
This matter having come before the Court on Defendants’ Supplemental Motion to Dismiss
and the Plaintiffs having filed an Opposition thereto, and the Court being sufficiently advised, it is
on this 24th day of November, 2008, hereby
ORDERED AND ADJUDGED, that over the objection of the Plaintiffs, Defendants’
Supplemental Motions to Dismiss are granted and the Buonocore Amended Complaint and the
Simpson Complaint are dismissed in their entirety with prejudice.

In granting this Motion, the Court finds that (a) the Court no longer has jurisdiction over the
Libyan Defendants pursuant to the enactment on August 4, 2008 of the Libyan Claims Resolution
Act and the subsequent Executive Order and Certification of the Secretary of State dated and issued
October 31, 2008; and (b) the Plaintiffs have not waived any of their rights against the United States
Government arising from its entry into the Claims Settlement Agreement with Libya, nor have they
waived any of their rights to pursue and obtain compensation for the deaths and/or personal injuries
suffered by the Plaintiffs as alleged in the Complaint in accordance with the procedures and
process(es) being established by the United States Government, acting by and through the Secretary
of State in accordance with the President’s Executive Order of October 31, 2008. Further, it is noted
by the Court that the Plaintiffs, and each of them, have expressly reserved all their rights and have
not waived any rights or claims they may have against the United States Government.

IT IS SO ORDERED, this the 25th day of November, 2008.

/s/
Gladys Kessler
United States District Judge

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