PFLUG et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

Filing 34

ORDER DISMISSING 1:08-cv-00505 Pflug et al v. Great Socialist People's Libyan Arab Lamahiriya et al with prejudice. Signed by Magistrate Judge John M. Facciola on 03/30/2011. (lcjmf1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Patrick Scott Baker, et al.

:
:
Plaintiffs,
:
:
v.
:
:
Socialist People’s Libyan Arab
:
Jamahirya, et al.
:
:
:
Defendants.
:
______________________________:
:
Jackie Nink Pflug, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
Socialist People’s Libyan Arab
:
Jamahirya, et al.
:
:
Defendants.
:
______________________________:

Civil Action No. 03-cv-749 (JMF)

Civil Action No. 08-cv-505 (JMF)

ORDER
In accordance with the Memorandum Opinion issued March 30, 2011 [#122], it is,
hereby,
ORDERED that Civil Action No. 08-cv-505, Jackie Nink Pflug v. Socialist People’s
Libyan Arab Jamahirya, is DISMISSED with prejudice. It is further, hereby,
ORDERED that plaintiffs’ state law claims are DISMISSED. It is further, hereby,
ORDERED that plaintiff James Olsen is DISMISSED for lack of standing. It is further,
hereby,
ORDERED that plaintiff Tanner Olsen is DISMISSED for lack of standing. It is
further, hereby,

ORDERED that the Court’s Preliminary Findings of Fact [#121] is VACATED. It is
further, hereby,
ORDERED that judgment be entered in favor of the remaining plaintiffs on their claims
under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. It is further, hereby,
ORDERED that judgment be entered on behalf of the remaining plaintiffs and against
defendant Syria for compensatory damages in the following amounts, plus any post-judgment
interest that may accrue:
PLAINTIFF

DAMAGES

Patrick Baker

Economic Damages: $1,660,082
Pain and Suffering: $5,000,000
Total:
$6,660,082

Scarlett Rogenkamp

Economic Damages: $786,608
Pain and Suffering: $1,000,000
Total:
$1,786,608

Jackie Pflug

Economic Damages: $679,844
Pain and Suffering: $8,000,000
Total:
$8,679,844
$2,500,000
$2,500,000
$1,250,000
$1,250,000
$1,250,000
$2,500,000
$5,000,000
$5,000,000
$3,125,000
$3,125,000
$2,500,000
$2,500,000
$2,500,000
$1,250,000
$1,250,000
$2,000,000

Jerry Baker
Lois Baker
Craig Baker
Estate of David Baker
Stacie Baker
Patricia Henry
Estate of Hetty Peterson
Estate of Vernon Peterson
Katherine Doris
Paul Peterson
Michelle Holbrook
Rylma Nink
Eugene Nink
Gloria Nink
Mary Nink
Scott Pflug
It is further, hereby,

ORDERED that plaintiffs will receive prejudgment interest, calculated at a rate of 7.03%
2

per annum from November 23, 1985 to the date of this Order, on their awards for pain and
suffering and solatium, in the following amounts:
PLAINTIFF

PREJUDGMENT
INTEREST

Patrick Baker
Scarlett Rogenkamp
Jackie Pflug
Jerry Baker
Lois Baker
Craig Baker
Estate of David Baker
Stacie Baker
Patricia Henry
Estate of Hetty Peterson
Estate of Vernon Peterson
Katherine Doris
Paul Peterson
Michelle Holbrook
Rylma Nink
Eugene Nink
Gloria Nink
Mary Nink
Scott Pflug

$8,910,525.00
$1,782,105.00
$14,256,840.00
$4,455,262.50
$4,455,262.50
$2,227,631.25
$2,227,631.25
$2,227,631.25
$4,455,262.50
$8,910,525.00
$8,910,525.00
$5,569,078.13
$5,569,078.13
$4,455,262.50
$4,455,262.50
$4,455,262.50
$2,227,631.25
$2,227,631.25
$3,564,210.00

It is further, hereby,
ORDERED that each of the three victims of the attack—Patrick Baker, Scarlett
Rogenkamp, and Jackie Pflug—will receive $150 million in punitive damages, for a total of
$450 million. It is further, hereby,
ORDERED that the Clerk of the Court issue a Judgment consistent with this Order.
Finally, it is, hereby,
ORDERED that the plaintiffs may arrange for this Judgment and Order to be translated
into Arabic and, at the plaintiffs’ request, the Clerk of the Court shall cause a copy of the
translated Judgment and Order and accompanying Findings of Fact and Conclusions of Law to

3

be transmitted to the U.S. Department of State for service upon the defendants through
diplomatic channels.
SO ORDERED.

Digitally signed by John M. Facciola
DN: c=US, st=DC, ou=District of
Columbia,
email=[e-mail]
rts.gov, o=U.S. District Court, District
of Columbia, cn=John M. Facciola
Date: 2011.03.31 11:11:04 -04'00'

JOHN M. FACCIOLA
U.S. MAGISTRATE JUDGE

4