AYERS et al v. ISLAMIC REPUBLIC OF IRAN
Filing
78
ENTERED IN ERROR.....AMENDED MEMORANDUM AND OPINION. Signed by Judge Royce C. Lamberth on 11.25.2024.(lcrcl1) Modified on 11/25/2024 (zsmc).
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MILLS LAW GROUP LLP,
Plaintiff,
v.
Case No. 1:22-CV-3323-RCL
REPUBLIC OF IRAQ
and
MINISTRY OF JUSTICE OF THE
REPUBLIC OF IRAQ,
Defendants.
AMENDED MEMORANDUM OPINION
Mills Law Group ("MLG") has represented the Republic of Iraq in its longstanding
litigation against Wye Oak Technologies, Inc. before this Court. See Wye Oak Tech., Inc. v.
Republic of Iraq, No. 1:10-cv-1182-RCL, 2019 WL 4044046 (D.D.C. Aug. 27, 2019) ("Wye Oak
I"). In this action, MLG seeks payment of attorney's fees owed for services it provided to Iraq in
Wye Oak I. MLG has sued both Iraq and Iraq's Ministry of Justice ("MoJ") for payment of the
twenty-five invoices it has sent Iraq. MLG has complied with the service provisions of the Foreign
Sovereign Immunities Act (FSIA) and moved for default judgment. For the reasons that follow,
the Court will grant MLG's motion.
I.
FINDINGS OF FACT
A. Judicial Notice of The Wye Oak /Docket
MLG asks that the Court take judicial notice of the docket in Wye Oak I. Stmt. Of
Supporting Ev. 4, Mot. for Default J. Ex. 3, ECF No. 12-4. The Federal Rules of Evidence allow
a court to take judicial notice of facts that are "not subject to reasonable dispute" either because
they are "generally known within the trial court's territorial jurisdiction" or because they "can be
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MLG and Iraq. The Court further finds that the Collection Costs of$635,850.83 incurred by
MLG are reasonable and that any additional Collection Costs incurred by MLG in its effort to
enforce this Order will also be awarded to MLG.
D. Post-Judgment Interest
MLG will also be entitled to post-judgment interest, which shall accrue beginning the date
of the Order accompanying this opinion at the prevailing rate described in 28 U.S.C. § 1961. That
section provides that interest shall be "allowed on any money judgment in a civil case recovered
in a district court." Id. § 196l(a). The applicable post-judgment interest rate is "the weekly
average I-year constant maturity Treasury yield . . . for the calendar week preceding" the
judgment. Id. The weekly average I-year constant maturity Treasury yield for the week preceding
this Order is 3.95%.7 In accordance with that section, interest shall be computed daily to the date
of payment and shall be compounded annually. Id. § 1961(b).
E. Taxable Costs
The Court's award of Collection Costs includes the $15,347.13 in taxable costs. Therefore,
this amount will not be awarded to MLG again.
VI.
CONCLUSION
In both this case and the underlying Wye Oak litigation, Iraq has demonstrated a
willingness to benefit from the services of US-based entities without paying for them. While this
Court cannot give back to MLG the time and effort it took to defend Iraq.in the Wye Oak litigation
or to bring this action, it can provide relief in the form of compensation.
7 See Market Yield on U.S. Treasury Securities at I-Year Constant Maturity, Data Download Program, Bo.
GOVERNORS FED. RESERVE SYS.
(Sept.
9,
2024),
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25
For the reasons set forth above, plaintiffs motion for default judgment and for judicial
notice is GRANTED. The defendants are jointly and severally liable on the account stated by
MLG. The plaintiff is awarded $4,075,170.65 in economic damages on the account stated in the
record; plaintiff is further awarded $1,076,066.10 in prejudgment interest; plaintiff is also awarded
$635,850.83 in collection costs. Thus, the total damages award is $5,787,087.58.
A separate Order consistent with this Memorandum Opinion shall issue.
Date: November U', 2024.
?c.?
Royce C. Lamberth
United States District Judge
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