Kim et al v. Islamic Republic of Iran

Filing 249

ORDER GRANTING PARTIAL FINAL DEFAULT JUDGMENT FOR THE PLAINTIFFS LISTED IN EXHIBIT A granting (9910) Motion for Judgment in case 1:03-md-01570-GBD-SN; granting (236) Motion for Judgment in case 1:18-cv-11870-GBD-SN; granting (274) Motion for Judg ment in case 1:18-cv-12277-GBD-SN; granting (120) Motion for Judgment in case 1:22-cv-05193-GBD-SN. It is hereby ORDERED that service of process in the above-captioned cases was properly effectuated upon the Islamic Republic of Iran in accordance with 28 U.S.C. § 1608(a)(4) (see ECF Nos. 4690, 4694, 8887); and it is ORDERED that partial final default judgment is entered on behalf of the Plaintiffs identified in Exhibit A against the Islamic Republic of Iran; and it is ORDERED that t he Plaintiffs identified in Exhibit A are awarded economic damages as set forth therein, and as supported by the expert reports and analyses tendered in conjunction with the Goldman Declaration (see ECF No. 9915-4); and it is ORDERED that the Plaint iff identified in Exhibit A is awarded compensatory damages for her decedent's pain and suffering in an amount of $2,000,000.00 per estate, as set forth therein; and it is ORDERED that the Plaintiffs receiving economic damages identified in Exhibit A are awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from the date indicated in the "Date of Report" column therein, until the date of judgment; and it is ORDERED that the Plaintiff receiving pain and suffering damages identified in Exhibit A is awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from September 11, 2001 until the date of judgment; and it is ORDERED that the Plaintiffs identified in Exhibit A may submit future applications for punitive or other damages at a later date consistent with any future rulings of this Court; and it is ORDERED that Plaintiffs not appearing in Exhibit A may submit in later stages applications for damages awards to the extent they have not done so already. The Clerk of Court is directed to enter partial final default judgment for the Plaintiffs listed in Exhibit A. The Clerk of Court is further directed to close the motions at: ECF No. 9910 in 03-md-1570; ECF No. 236 in 18-cv-11870; ECF No. 274 in 18-cv-12277; and ECF No. 120 in 22-cv-5193. SO ORDERED. (Signed by Judge George B. Daniels on 8/29/2024) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:18-cv-11870-GBD-SN, 1:18-cv-12277-GBD-SN, 1:22-cv-05193-GBD-SN (ks) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------x
:
:
IN RE:
:
TERRORIST ATTACKS ON
:
SEPTEMBER 11, 2001
:
:
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ORDER
03 MDL 1570 (GBD) (SN)

This document relates to:
Kim, et al. v. Islamic Republic of Iran, 18-cv-11870 (GBD) (SN)
Hemenway, et al. v. Islamic Republic of Iran, 18-cv-12277 (GBD) (SN)
King, et al. v. Islamic Republic of Iran, 22-cv-5193 (GBD) (SN) 
ORDER GRANTING PARTIAL FINAL DEFAULT JUDGMENT FOR THE
PLAINTIFFS LISTED IN EXHIBIT A
GEORGE B. DANIELS, United States District Judge:
The Plaintiffs listed in Exhibit A move for entry of partial final default judgment against
Defendant the Islamic Republic of Iran. (ECF Nos. 9910.1) Upon consideration of the evidence
and arguments set forth in the Declaration of Jerry S. Goldman, Esq. (ECF No. 9915), and in light
of the default judgments as to liability against the Islamic Republic of Iran entered on September 3,
2019 (ECF Nos. 5049, 5054) and November 7, 2023 (ECF No. 9416), together with the entire
record in this case, it is hereby
ORDERED that service of process in the above-captioned cases was properly effectuated
upon the Islamic Republic of Iran in accordance with 28 U.S.C. § 1608(a)(4) (see ECF Nos. 4690,
4694, 8887); and it is
ORDERED that partial final default judgment is entered on behalf of the Plaintiffs
identified in Exhibit A against the Islamic Republic of Iran; and it is

1

Unless otherwise stated, all ECF citations included herein refer to documents filed on the 9/11 multidistrict
litigation docket. See In re Terrorist Attacks on Sept. 11, 2001, No. 03-md-1570 (GBD) (SN).

ORDERED that the Plaintiffs identified in Exhibit A are awarded economic damages as
set forth therein, and as supported by the expert reports and analyses tendered in conjunction with
the Goldman Declaration (see ECF No. 9915-4); and it is
ORDERED that the Plaintiff identified in Exhibit A is awarded compensatory damages
for her decedent’s pain and suffering in an amount of $2,000,000.00 per estate, as set forth therein;
and it is
ORDERED that the Plaintiffs receiving economic damages identified in Exhibit A are
awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from the
date indicated in the “Date of Report” column therein, until the date of judgment; and it is
ORDERED that the Plaintiff receiving pain and suffering damages identified in Exhibit A
is awarded prejudgment interest of 4.96 percent per annum, compounded annually, running from
September 11, 2001 until the date of judgment; and it is
ORDERED that the Plaintiffs identified in Exhibit A may submit future applications for
punitive or other damages at a later date consistent with any future rulings of this Court; and it is
ORDERED that Plaintiffs not appearing in Exhibit A may submit in later stages
applications for damages awards to the extent they have not done so already.

2

Exhibit A

Plaintiff, as Personal Representative of the Estate of 9/11 
Decedent
 #

First

1

Jamie

Middle

Last

Suffix

9/11 Decedent

First  

Brito

Victoria

2

Andrea

Stauter

Edward

3

Dawn; Thomas

Gonzalez; Gonzalez

Jenine

4

Lance

Ogren

Joseph

5

Valada

B.

Penny

Richard

6

Gail

Ingersoll

Sezna

Davis

Middle  

Last  

Suffix  

Alvarez‐Brito
T.

J.

Nationality on 
Date of Death
9/11  
US

9/11/2001

9/11 Site
NY

Case

Complaint

22cv05193

22cv05193, 1 at 1

Amendments & Substitutions

Pain & Suffering Damages

Economic Damages
Report

Date of Report

Prior 
Award 

Amount 

N/A

$2,000,000.00

9915‐4, at 1

7/1/24

N/A

$1,277,218.00
$1,226,414.00

      Prior Award

Amount

Earhart

US

9/11/2001

VA

18cv11870

18cv11870, 1 at 1

N/A

N/A

9915‐4, at 24

7/1/24

N/A

Gonzalez

US

9/11/2001

NY

18cv11870

18cv11870, 1 at 5

5509, 5532, granted at 5565

N/A

N/A

9915‐4, at 39

7/1/24

N/A

$1,562,453.00

Ogren

US

9/11/2001

NY

18cv12277

18cv12277, 1 at 7

5548, granted at 5641

N/A

N/A

9915‐4, at 62

7/1/24

N/A

$4,025,861.00

Penny
Grier

Claim Information

Sezna

Jr.

US

9/11/2001

NY

22cv05193

22cv05193, 1 at 9

N/A

N/A

9915‐4, at 79

7/1/24

N/A

$153,883.00

US

9/11/2001

NY

22cv05193

22cv05193, 1 at 3

N/A

N/A

9915‐4, at 102

7/1/24

N/A

$2,476,433.00