Ortiz v. Islamic Republic of Iran

Filing 19

MEMORANDUM DECISION AND ORDER granting 12 Motion for Default Judgment. The Ashton Plaintiff's motion is DENIED without prejudice as to her claim under 28 U.S.C. § 1605A, with leave to amend; and the Burnett and Ortiz Plaintiffs� 39; motions are GRANTED. It is ORDERED that service of process was properly effectuated upon the Iran Defendants under 28 U.S.C. § 1608(a)(4) and 28 U.S.C. § 1608(b)(3); and it is ORDERED that this Court has subject matter and personal j urisdiction over the Plaintiffs' claims against the Iran Defendants under 28 U.S.C. §§ l330(a), 1605A, and 1605B(b); and it is ORDERED that judgment as to liability is entered for the Ortiz Plaintiff on her 28 U.S.C. § 1605A claims against Iran as described in this Order; and it is ORDERED that judgments as to liability are entered for the U.S. national Burnett Plaintiffs on their 28 U.S.C. § 1605A claims against the Iran Defendants as described in this Orde r; and it is ORDERED that judgments as to liability are entered for the non-U.S. National Burnett Plaintiffs on their assault and battery claims based on New York law against the Iran Defendants as described in this Order; and it is ORDERED that a partial final default judgment is entered against Iran for the Ortiz Plaintiff; and it is ORDERED that a partial final default judgment is entered on behalf of the Burnett Plaintiffs identified in Exhibits A and B against the Iran Defendants; and it is ORDERED that Plaintiffs identified in Exhibit A be awarded pain and suffering damages as set forth therein; and it is ORDERED that Plaintiffs identified in Exhibit B be awarded pain and suffering damages as set forth therein; and it i s ORDERED that Plaintiffs receiving pain and suffering damages identified in Exhibits A and Bare 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 Plaintiffs identified in Exhibits A and B 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 Exhibits A and B may submit in later stages applications for damage awards to the extent they have not done so already. The Clerk of the Court is directed to close the motions at: ECF Nos. 9660, 9749, 9853, 9873, and 9889 in 03-md-1570. ECF Nos. 693, 707, 720, and 729 in 15-cv-9903. ECF No. 12 in 22-cv-03100. ECF No. 2081 in 02-cv-06977. (Signed by Judge George B. Daniels on 3/12/2025) (vfr)

Download PDF

Exhibit A EXHIBIT A U.S. National Personal Injury Personal Representative First Middle Last Suffix Claimant First Scott Middle Roy Last Suffix Nationality 9/11 Site on 9/11 E. Ciarnella John Cretella 3 NY NY NY Ellen Einzig Fausto Antonio Gomez Thomas Joseph Grogan Vincent J. Panaro Milcia C. Pena 7 NY NY $5,000,000 Burnett VIII NY $5,000,000 Burnett VIII NY $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 4548 U.S. 11 $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 4084 U.S. 10 NY 1:15-cv-09903, 53, at 4063 U.S. 9 $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 3958 U.S. 8 $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 3923 U.S. Barbara $5,000,000 Burnett VIII D'Oleo 6 $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 3852 U.S. Hipolito Amount $7,000,000 Burnett VIII Csorny 5 Prior Award 1:15-cv-09903, 53, at 3845 U.S. J. Documentation 1:15-cv-09903, 53, at 3801 U.S. 4 Amendments & Substitutions 1:15-cv-09903, 53, at 3790 U.S. Anthony James NY Castillo 2 Complaint 1:15-cv-09903, 53, at 3692 U.S. Maria Case Beloten 1 Pain & Suffering Damages Claim Information NY $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 4567 U.S. NY $5,000,000 Burnett VIII 1:15-cv-09903, 53, at 3869 12 13 Lisa Ortiz Jeremy Angel Brandon R. Davids Ortiz U.S. U.S. NY NY Burnett IX Ortiz 1:22-cv-03100, 1, at 1 $5,000,000 $5,000,000 Treble Exhibit B EXHIBIT B Non-U.S. National Personal Injury Claimant First Middle Philipson Felipe Antonio Edgar Last Suffix Azenabor David Narcisco Fernandez Gutierrez Jose Nivar Manuela Pichardo Miriam Thelma Rodriguez Savery Yuni Vasquez Ivan Robert Almendarez Ramos Pain & Suffering Damages Claim Information Jr. Nationality on 9/11 Nigeria Honduras Dominican Republic Columbia Dominican Republic Dominican Republic Dominican Republic Belize Dominican Republic Dominican Republic Nicaragua 9/11 Site Case Complaint Amendments & Substitutions Documentation Prior Award Amount NY NY Burnett Non-Nationals II Burnett Non-Nationals II 1:15-cv-09903, 53, at 3661 1:15-cv-09903, 53, at 3868 $5,000,000 $12,000,000 NY NY Burnett Non-Nationals II Burnett Non-Nationals II 1:15-cv-09903, 53, at 3985 1:15-cv-09903, 53, at 4098 $5,000,000 $5,000,000 NY Burnett Non-Nationals II 1:15-cv-09903, 53, at 4511 $5,000,000 NY Burnett Non-Nationals II 1:15-cv-09903, 53, at 4581 $5,000,000 NY NY Burnett Non-Nationals II Burnett Non-Nationals II 1:15-cv-09903, 53, at 4670 1:15-cv-09903, 53, at 4716 $5,000,000 $5,000,000 NY Burnett Non-Nationals II 1:15-cv-09903, 53, at 4874 1:15-cv-09903, 53, at 3639 $5,000,000 NY NY Burnett Non-Nationals III Burnett Non-Nationals III 1:15-cv-09903, 53, at 4622 $5,000,000 $5,000,000 Treble

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?