Stansell et al v. Revolutionary Armed forces of Colombia (FARC) et al

Filing 499

FINAL JUDGMENT ON CLAIMANTS' INTERPLEADER CROSSCLAIMS: Pursuant to the Court's December 21, 2022 Opinion and Order [Docket Number 497] adopting in full the March 29, 2022 Report and Recommendations of Magistrate Judge Sarah Netburn [Docke t Number 443], and pursuant to Fed. R. Civ. P. 12(c), the following Declaratory Judgment is hereby ORDERED AND ADJUDGED: 1. Treble damages awarded under the Antiterrorism Act ("ATA"), 18 U.S.C. §2333(a) are compensatory damages becau se they are remedial in nature, and function, in essence, as a form of liquidated damages. 2. The full $318,030,000 award of the Stansell judgment is for compensatorydamages fully collectible under TRIA. The full $69,000,000 award of the Pescatore judgment is for compensatory damages fully collectible under TRIA. 3. Caballero is entitled to collect both the economic and non-economic compensatory damages awarded in his ATA judgment, which amounts were trebled, and such trebled amou nts are compensatory damages fully collectible under TRIA per paragraph 1 above. 4. Caballero holds a valid ATA judgment that is not void as a matter of law for lack of subject matter jurisdiction or personal jurisdiction. 5. JUDGMENT is hereby en tered in favor of the STANSELL/PESCATORE claimants and against claimant ANTONIO CABALLERO on Caballero's interpleader crossclaims [Docket Numbers 261, 262, 263, 264, 301, 335 and 376]. 6. JUDGMENT is hereby entered in favor of Claimant ANTONIO C ABALLERO and against the STANSELL/PESCATORE Claimants on the STANSELL/PESCATORE interpleader crossclaims [Docket Numbers 268, 269, 270, 271, 272, 273, 310 and 328]. 7. In light of the foregoing Judgments, the omnibus motion filed by the STANSELL/PESCATORE Claimants [Docket Number 330] and the motion filed by the CABALLERO Claimant [Docket Number 348], on their respective interpleader crossclaims, are hereby DENIED AS MOOT. (Signed by Judge Lorna G. Schofield on 1/6/2023) (mml)

Case 1:16-mc-00405-LGS-SN Document 499 Filed 01/06/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
KEITH STANSELL, et al.,
:
Claimants,
:
-against:
:
REVOLUTIONARY ARMED FORCES OF
:
COLOMBIA (FARC), et al.,
:
Defendants.
:
--------------------------------------------------------------X
--------------------------------------------------------------X
OLIVIA PESCATORE, et al.,
:
Claimants,
:
-against:
:
JUVENAL OVIDIO RICARDO PALMERA
:
PINEDA, et al.,
:
Defendants.
:
--------------------------------------------------------------X

16 Misc. 405 (LGS) (SN)

18 Misc. 545 (LGS) (SN)

FINAL JUDGMENT
ON CLAIMANTS’ INTERPLEADER CROSSCLAIMS
LORNA G. SCHOFIELD, District Judge:
Pursuant to the Court’s December 21, 2022 Opinion and Order [Docket Number 497]
adopting in full the March 29, 2022 Report and Recommendations of Magistrate Judge Sarah
Netburn [Docket Number 443], and pursuant to Fed. R. Civ. P. 12(c), the following Declaratory
Judgment is hereby ORDERED AND ADJUDGED:
1.

Treble damages awarded under the Antiterrorism Act (“ATA”), 18 U.S.C. §

2333(a) are compensatory damages because they are remedial in nature, and function, in essence,
as a form of liquidated damages.
2.

The full $318,030,000 award of the Stansell judgment is for compensatory

damages fully collectible under TRIA. The full $69,000,000 award of the Pescatore judgment is
for compensatory damages fully collectible under TRIA.

Case 1:16-mc-00405-LGS-SN Document 499 Filed 01/06/23 Page 2 of 2

3.

Caballero is entitled to collect both the economic and non-economic

compensatory damages awarded in his ATA judgment, which amounts were trebled, and such
trebled amounts are compensatory damages fully collectible under TRIA per paragraph 1 above.
4.

Caballero holds a valid ATA judgment that is not void as a matter of law for lack

of subject matter jurisdiction or personal jurisdiction.
5.

JUDGMENT is hereby entered in favor of the STANSELL/PESCATORE

claimants and against claimant ANTONIO CABALLERO on Caballero’s interpleader crossclaims
[Docket Numbers 261, 262, 263, 264, 301, 335 and 376].
6.

JUDGMENT is hereby entered in favor of Claimant ANTONIO CABALLERO and

against the STANSELL/PESCATORE Claimants on the STANSELL/PESCATORE interpleader
crossclaims [Docket Numbers 268, 269, 270, 271, 272, 273, 310 a nd 328].
7.

In light of the foregoing Judgments, the omnibus motion filed by the

STANSELL/PESCATORE Claimants [Docket Number 330] and the motion filed by the
CABALLERO Claimant [Docket Number 348], on their respective interpleader crossclaims, are
hereby DENIED AS MOOT.
anuary 6, 2023
Dated: _J____________
New York, New York

__________________________
LORNA G. SCHOFIELD
UNITED STATES DISTRICT JUDGE