LAW OFFICES OF ARMAN DABIRI & ASSOCIATES P.L.L.C. et al v. SOCIALIST PEOPLES LIBYAN ARAB JAMAHIRIYA et al

Filing 1

COMPLAINT against AHMED ABUBAKR ELMSELATI, MINISTRY OF FOREIGN AFFAIRS, SOCIALIST PEOPLES LIBYAN ARAB JAMAHIRIYA ( Filing fee $ 350, receipt number 4616028806) filed by LAW OFFICES OF ARMAN DABIRI & ASSOCIATES P.L.L.C., CABINET SEFRIOUI. (Attachments: # 1 Text of Proposed Order)(dr)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

LAW OFFICES OF ARMAN DABIRI
& ASSOCIATES P.L.L.C.
1725 I Street, N.W.
Suite 300
Washington, D.C. 20006

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CABINET SEFRIOUI
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72 Boulevard de Courcelles
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75017 - Paris
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FRANCE
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Plaintiffs,
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v.
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THE SOCIALIST PEOPLES LIBYAN
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ARAB JAMAHIRIYA
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Ministry of Foreign Affairs
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Tripoli, Libya
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MINISTRY OF FOREIGN AFFAIRS
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Ministry of Foreign Affairs
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Tripoli, Libya
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AHMED ABUBAKR ELMSELATI
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Ministry of Foreign Affairs
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Tripoli, Libya
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Defendants )
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COMPLAINT
(Breach of Settlement Agreement and non payment of Attorneys Fees and Expense)

1.

This is an action for enforcement of Settlement Agreement and non-

payment of attorneys fees, costs incurred in representation and legal defense by counsel
on behalf of the Socialist People’s Libyan Arab Jamahiriya (hereafter “Libya”), various
government departments, its officials, agents, as well as agencies and instrumentalities of
Libya before United States Courts.
THE PARTIES
2.

Plaintiff Law Offices of Arman Dabiri & Associates, P.L.L.C. (“Dabiri”)

is a Professional Limited Liability Company existing under the laws of, and doing
business in, the District of Columbia.
3.

Plaintiff Cabinet Sefrioui (“Sefrioui”) is French Law Firm existing under

the laws of, and doing business in, Paris France.
4.

Defendant Socialist People’s Libyan Arab Jamahiriya (“Libya”) is a foreign

sovereign state as the term is defined in 28 U.S.C. § 1603.
5.

Defendant Ministry of Foreign Affairs is a department of Libya and as

such is a part of the Government of Libya, as the term is defined in 28 U.S.C. § 1603, and
is responsible for the foreign affairs and conduct of Libya. Within this capacity, the
Ministry of Foreign Affairs also is responsible for the monitoring of the foreign legal
affairs of Libya.

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6.

Individual defendant Ahmed Abubakr Elmselati is a citizen of Libya and an

official of the Ministry of Foreign Affairs as the Director for the Department Responsible
for the Monitoring of Affairs in Washington. Defendant in such capacity is an agent of
the Government of Libya as the term is defined in 28 U.S.C. § 1603.
Jurisdiction and Venue
7.

The matter in controversy exceeds, exclusive of interest and costs, the sum

of seventy-five thousand dollars. Subject-matter jurisdiction is vested in the Court under
28 U.S.C.§ 1330.
8.

This Court has subject-matter jurisdiction over defendants the Socialist

People’s Libyan Arab Jamahirya, the Ministry of Foreign Affairs, and Ahmed Abubakr
Elmselati (acting in his capacity as Director for Department Responsible for the
Monitoring of Affairs in Washington) pursuant to the Foreign Sovereign Immunities Act
of 1976 (“FSIA”), as amended 28 U.S.C. § 1605(a)(2), and related statutes.
9.

Venue is properly laid in this District under 28 U.S.C. §1391(f)(4).

FACTS OF THE CASE
10.

In 1996, as part of the comprehensive Antiterrorism and Effective Death

Penalty Act (“AEDPA”), Pub.L. No. 104-132, §221(a), 110 Stat. 1214 (Apr. 24, 1996)
(1996 Amendment), Congress amended the FSIA to add a new exception to sovereign
immunity where money damages were sought against foreign states that have been

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designated as state sponsors of terrorism by the Secretary of State. Suit could be brought
under the 1996 Amendment for personal injury or death caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support
or resources . . . for such an act. 28 U.S.C. § 1605(a)(7).
11.

Libya, pursuant to 50 U.S.C. App. § 2405(j) or 22 U.S.C. § 2371, was

designated as a State Sponsor of Terrorism by the Secretary of State in 1979.
Designations under these statutes are made by the Secretary of State for the purposes of
regulating, respectively, exports and foreign aid. But since the passage of § 1605(a)(7) in
1996, the Secretary's designations affect foreign sovereign immunity as well.
12.

At all times relevant to this suit Plaintiff Dabiri was legal counsel to the

government of Libya in Washington, D.C.
13.

At all times relevant to this suit Plaintiff Sefrioui was global legal counsel

to the Government of Libya for all suit in the United States.
14.

Beginning in the early 1990's, Anne Sefrioui, a partner in Cabinet

Sefrioui, together with her late husband, acted as representatives of, and legal advisers to,
the government of Libya in a series of suits instituted against Libya that arose out of
alleged direct involvement of Libya with acts terrorism or the provision of material
support for organizations or groups designated as terrorists. The first of such suits arose
out of the bombing and destruction of Pan American flight 103 over Lockerbie, Scotland,
in December 1988.

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15.

Sefrioui was mandated to act as global counsel and in such capacity to

act as dominus litis to ensure the defense of the Government of Libya in all civil
proceedings in the United States.
16.

Sefrioui retained American counsel to represent the legal interests and

defense of Libya for suits in New York and Washington, D.C. American counsel
defended Libya in the following suits as well as all ensuing appeals to the United Circuit
Courts of Appeal:
•

Rein v. Socialist People’s Libyan Arab Jamahiriya, 96-CV-2077 (EDNY)

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Hartford Fire Ins. v. Socialist People’s Libyan Arab Jamahiriya, et al.
98-CV-3096 (DDC)

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Kilburn v. Socialist People’s Libyan Arab Jamahiriya, et al., 01-CV-1301
(DDC)

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Simpson v. Socialist People’s Libyan Arab Jamahiriya, 00-CV-1722 (DDC)

•

Beecham v. Socialist People’s Libyan Arab Jamahiriya, et al.,01-CV-2243
(DDC)

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Harris v. Socialist People’s Libyan Arab Jamahiriya, et al., 06-CV-732
(DDC)

•

Clay v. Socialist People’s Libyan Arab Jamahiriya, et al., 06-CV-707
(DDC)

•

Cummock v. Socialist People’s Libyan Arab Jamahiriya, et al.,

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96-CV-1029 (DDC)
•

Hagerman/Hurst v. Socialist People’s Libyan Arab Jamahiriya, et al.,
02-CV-2147 (DDC)

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Fisher v. Socialist People’s Libyan Arab Jamahiriya, et al., 04-CV-2055
(DDC)

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Fisher v. Socialist People’s Libyan Arab Jamahiriya, et al., 05-CV-2454
(DDC)

•

MacQuarrie v. Socialist People’s Libyan Arab Jamahiriya, et al.,
04-CV-176 (DDC)

•

Baker v. Socialist People’s Libyan Arab Jamahiriya, et al., 03-CV-749
(DDC)

•

Collett v. Socialist People’s Libyan Arab Jamahiriya, et al., 01-CV-2103
(DDC)

•

Patel v. Socialist People’s Libyan Arab Jamahiriya, et al., 06-CV-626
(DDC)

•

Tulty v. Socialist People’s Libyan Arab Jamahiriya, et al.,
04-CV-1780 (DDC)

17.

In March of 2008, the mandate of Sefrioui as global counsel was terminated

by Libya.
18.

Plaintiff Dabiri, was informed that the mandate of plaintiff Sefrioui would

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be terminated in March of 2008 and was instructed to continue to act as local counsel in
Washington, D.C. based upon the direct request of Defendant Elmselati.
19.

Defendant Elmselati undertook and guaranteed the payment of attorneys

fees and expenses on behalf of Libya for the period after the termination of the Sefrioui
mandate.
20.

Subsequent to the termination of the Sefrioui Mandate, most local

American counsel were replaced by other American counsel.
21.

Plaintiff Dabiri withdrew from all cases on behalf of Libya as lead counsel

by the end of April 2008.
22.

At the time of the termination of the Sefrioui mandate as global counsel

Libya owed large sums to plaintiffs for legal fees and expenses for the defense of the suits
listed in paragraph 17.
23.

On December 6, 2008, Sefrioui and Defendant Elmselati, acting in his

capacity as Director of the Office Responsible for the Monitoring of Affairs in
Washington, Ministry of Foreign Affairs, executed a settlement agreement (“2008
Settlement Agreement”) for payment of all outstanding fees and expenses for plaintiffs
Sefrioui and Dabiri as well as other local American counsel retained to defend suits
against Libya.
24.

The Settlement Agreement was in the Amount of 3,694,546.00 i (three

million six hundred and ninety-four thousand five hundred and forty-six Euros).

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25.

Libya, pursuant to the communications regarding the Settlement

Agreement, agreed to pay the entire settlement sum within one month of the execution.
26.

Since the execution of the 2008 Settlement Agreement Libya has failed to

honor or pay the agreed upon amount for legal fees and expenses of its counsel in
defending the suits against Libya. Plaintiff Sefrioui has requested numerous meetings
and communicated its intention to proceed to litigation on multiple occasions in an
attempt to allow Libya to honor its obligations to its former defense attorneys.
27.

In October of 2009, Cabinet Sefrioui, communicated its intention to

institute suit to Libya before the Court for breach of the Settlement Agreement for
payment of attorneys fees and expenses. To this date Libya has failed to respond and is in
breach of its obligations to its former attorneys pursuant to the terms of its settlement
agreement.
28.

A large portion of the sum agreed upon in the 2008 Settlement Agreement

is owed to Plaintiff Dabiri.
29.

Libya also owes $29,365.00 (twenty nine thousand three hundred sixty five

USD) directly to Plaintiff Dabiri for legal services and fees for the period of February
2008 to April 2008 prior to the withdrawal of Dabiri from all Washington, D.C. cases
against Libya where he was lead counsel during all relevant times.

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COUNT ONE
BREACH OF SETTLEMENT AGREEMENT
30.

Paragraphs 1-29 hereof are incorporated herein.

WHEREFORE, the Plaintiffs demands judgment for breach of the 2008 Settlement
Agreement against the Defendants for a total of 3,694,546.00 i, together with
prejudgment and post judgment interest at the legal rate.

COUNT TWO
FAILURE TO PAY ATTORNEYS FEES AND EXPENSES
31.

Paragraphs 1-30 hereof are incorporate herein.

WHEREFORE, Plaintiff Dabiri demands judgment for failure to pay attorneys fees
for a total amount of $29,365.00, together with prejudgment and post-judgment interest at
the legal rate.

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