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)
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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