CERTAIN UNDERWRITERS AT LLOYDS LONDON et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Filing 25

Memorandum in opposition to re 24 Supplemental MOTION to Dismiss filed by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Kalik, Tracy)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Certain Underwriters at Lloyds, ) London, et al., ) Plaintiffs, ) ) v. ) Civil Action No. 06-cv-731 (GK) ) Great Socialist People’s Libyan ) Arab Jamahiriya, et al., ) ) Defendants. ) ____________________________________) ) Certain Underwriters at Lloyds ) London, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 08-cv-504 (GK) ) Socialist People’s Libyan Arab ) Jamahirya, et al. ) ) Defendants. ) ____________________________________) ORDER This matter having come before the Court on Libyan Defendants’ Supplemental Motion to Dismiss and the Plaintiffs having filed an Opposition thereto, and the Court being sufficiently advised, it is on this the _____ day of ___________________, 2008 hereby ORDERED AND ADJUDGED that Defendants’ Motion is DENIED. IT IS SO ORDERED. _______________________________ United States District Court UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) Certain Underwriters at Lloyds, ) London, et al., ) Plaintiffs, ) ) v. ) Civil Action No. 06-cv-731 (GK) ) Great Socialist People’s Libyan ) Arab Jamahiriya, et al., ) ) Defendants. ) ____________________________________) ) Certain Underwriters at Lloyds ) London, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 08-cv-504 (GK) ) Socialist People’s Libyan Arab ) Jamahirya, et al. ) ) Defendants. ) ____________________________________) [ALTERNATE] ORDER This matter having come before the Court on Libyan Defendants’ Supplemental Motion to Dismiss and the Plaintiffs having filed an Opposition thereto, and the Court being sufficiently advised, it is on this the _______ day of November, 2008 hereby ORDERED AND ADJUDGED that over the objection of the Plaintiffs, Libyan Defendants’ Supplemental Motions to Dismiss are GRANTED, and the Lloyds I Second Amended Complaint and the Lloyds II Complaint are dismissed in their entirety WITH PREJUDICE only as against the Libyan Defendants. 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 U.S. 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 U.S. Government. Plaintiffs claims as asserted in the Lloyds I Second Amended Complaint and the Lloyds II Complaint against the Syrian Arab Republic; Syrian Air Force Intelligence; and General Muhammad Al Khuli, Chief, Syrian Air Force Intelligence (collectively, “Syrian Defendants”), remain pending before this Court and are not affected by entry of this Order. IT IS SO ORDERED, this the ____ day of ___________ 2008. ________________________________ United States District Court

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