MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Filing 6

RESPONSE TO ORDER OF THE COURT re 5 Order to Show Cause filed by ROSE BUCHER, WILLIAM THOMAS MASSIE, DUNNIE RICHARD TUCK, DONALD RAYMOND MCCLARREN. (Attachments: # 1 Exhibit 1)(Streeter, Richard)

MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Doc. 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILLIAM THOMAS MASSIE; DUNNIE RICHARD TUCK; DONALD RAYMOND MCCLARREN; and ROSE BUCHER, Individually and as the duly appointed Personal Representative of the ESTATE OF LLOYD BUCHER, DECEASED, Plaintiffs, vs. THE GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, its Ministries, Agencies and Instrumentalities, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Court No. 1:06CV00749 (HHK)

RESPONSE TO ORDER TO SHOW CAUSE Come now Plaintiffs and file their response to the Order of the Court, entered August 15, 2007, by which the Court directed them to should show cause why this action should not be dismissed for failure to prosecute. Plaintiffs respectfully request that the Court not dismiss this action but instead enter a Default Judgment against the Defendants. As reflected by the Motion for Default Judgment and the Memorandum in Support which are being filed along with this Response, Plaintiffs were not able to perfect service on the Defendants until September 8, 2006. They finally received confirmation of service from DHL Express on October 13, 2006. See Attachment A. Since that time, Plaintiffs, out of an abundance of caution and in order to conserve the resources of this Court, have actively attempted, through repeated communications with the United States Department of State and the

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Department of Treasury, to ascertain whether it would be possible to satisfy any future judgment that might be rendered by this Court by liquidating seized and frozen assets owned by Defendants. After various delays, the United States Department of Treasury has only recently responded to the Freedom of Information Act requests filed by Plaintiffs. Plaintiffs are now ready, willing and able to proceed immediately with the prosecution of this matter. Therefore, they incorporate herein the request that the Court schedule a status conference for the purpose of establishing a protocol for the presentation of evidence and argument as required by 28 U.S.C. § 1608(e) relating to Plaintiffs' right to a default judgment against Defendants, The Government of the Democratic People's Republic of Korea, its Ministries, Agencies, and Instrumentalities. Respectfully submitted, Richard H. Streeter /s/ Richard H. Streeter D.C. Bar No. 946053 Karen A. McGee D.C. Bar No. 426552 BARNES & THORNBURG LLP 750 17th Street, NW, Suite 900 Washington, DC 20006 Telephone: [phone] Fax: [phone] Daniel T. Gilbert, Esq. Gregory E. Barrett, Esq. (Admitted pro hac vice as counsel for Plaintiffs) Barrett & Gilbert LLP 1645 Temple Lane Rockford, IL 61112 [phone] Attorneys for Plaintiffs Dated: August 17, 2007 -2-