Avinesh Kumar v. Republic of Sudan
Opinion
For over a decade, family members of United States sailors killed in the bombing of the
U.S.S. Cole
have pursued litigation in federal court against the Republic of Sudan for its alleged support of A1 Qaeda, which was responsible for the bombing. This appeal arises. from the latest suit wherein the district court denied Sudan’s motion to. vacate the default judgments entered against , it. Because the Appellees’ method of serving process did not comport with the statutory requirements of
I.
On October 12, 2000,' A1 Qaeda bombed the U.S.S. Cole, a United States Navy guided-missile destroyer, as it was refueling in the Port of Aden in Yemen. Seventeen American sailors were killed and forty-two more were injured.
A.
In 2004, family members of the deceased sailors filed a complaint against Sudan in the United States District Court for the Eastern District of Virginia (“the
Rux
litigation”).
1
Although foreign states generally enjoy immunity from suit in federal courts,
The NDAA, which became effective on January 28, 2008, repealed the prior FSIA terrorism exception to foreign state immunity, reenacted the exception’s immunity-stripping language, and created a new substantive cause of action under the FSIA that authorizes recovery of noneconomic damages, including solatium and punitive damages.
See
NDAA, Pub. L. No. 110-181, § 1083 (codified at 28 U.S.C. § 1605A). The FSIA’s new cause of action also specifically authorizes suit based 'on certain pre-enactment events so long as delineated criteria are satisfied. § 1605A(b). We granted the
Rux
plaintiffs’ motion to remand for further proceedings in the district court in light of the revised statutory framework.
Rux,
On remand, the Rux plaintiffs sought leave to supplement their complaint to-include a claim for noneconoihic damages under § 1605A(c). The district court denied the motion and the Rux plaintiffs again appealed. While that appeal was pending, the Rux plaintiffs and four ;new plaintiffs filed “a new, related action pursuant to 28 U.S.C. § 1606A in the [United States District Court for the] Eastern District of Virginia.” Rux, 410 FedAppx. at 582. In relevant part, we held that the filing of this new complaint rendered moot the Rux plaintiffs’ arguments and we dismissed that appeal. Rux, 510 Fed.Appx. at 586.
B.
The current appeal arises from the district court’s adjudication of that “new, related action” brought under the amended FSIA. 2 Kumar filed the current complaint in April 2010, alleging that Sudan’s conduct satisfied the immunity-stripping language of § 1605A(a)(l) and caused the death of the seventeen sailors killed on board the U.S.S. Cole, in violation of the FSIA’s new cause of' action, § 1605A(c). He sought solatium and punitive damages.
'in an effort to effectuate service of pro: cess pursuant to 28'U.S.C. § 1608(a)(3), the clerk of court sent the requisite documents “via certified mail, return receipt requested,” in an enveloped addressed as follows;
REPUBLIC OF SUDAN Serve: Deng Alor Koul,
Minister of Foreign Affairs Embassy of the Republic of Sudan 2210 Massachusetts Avenue NW Washington, DC 20008
J.A. 158. Someone at the embassy accepted the envelope and signed the certified mail réceipt.
Nevertheless, Sudan did not enter an appearance or file any responsive pleadings. Consequently, Kumar moved for entry of default and for the court to schedule proceedings allowing adjudication of a default judgment. Following a bench trial, the district court “found that Sudan’s provision of material support and resources to al Qaeda led to the murders of the seventeen American servicemen and women *152 serving on the Cole, and entered judgment against Sudan under the FSIA.” J.A. 446. To more efficiently resolve the issue of damages, the court divided the suit into seventeen separate cases, each case involving all claims related to one of the seventeen deceased sailors.
• In March 2015, after considering additional evidence on the alleged damages, the district court entered separate default judgment orders collectively awarding over $20 million in solatium and approximately $14 million in punitive damages to the Kumar plaintiffs.
In April 2015, just over thirty days after entry of those orders, Sudan entered an appearance and moved to vacate the default judgments under Federal Rules of Civil Procedure 55(c) and 60(b). In the alternative, Sudan requested the district court extend its time to appeal from the default judgments. In support of its motion, Sudan asserted numerous arguments challenging the district court’s subject matter and personal jurisdiction, as well as the propriety of punitive damages.
The district court denied the motion to vacate, rejecting each of Sudan’s contentions. It did, however, grant Sudan’s motion for an extension of time to file a notice of appeal from thé March 2015 defaült judgments. Sudan' noted its appeal from both the default judgments and the denial of its post-judgment motions. In addition, Kumar noted a cross appeal challenging the district court’s order extending Sudan’s time to appeal. We have jurisdiction over both appeals pursuant to
II.
Sudan contends the district court lacked personal jurisdiction over it. because Ku-mar did not properly effectuate service of process as required under the FSIA. Specifically, it contends that mailing service to the Sudanese embassy in Washington, D.C., does not satisfy
Because the issue before us is one of statutory interpretation, we review de novo the district court’s conclusion that Kumar’s method of serving process satisfied § 1608(a)(3).
3
Broughman v. Carver,
A.
The Federal Rule of Civil Procedure governing service of process provides that “[a] foreign state ... must be served in accordance with
The first method is “in accordance with any special arrangement for service between the plaintiff and the foreign state.” § 1608(a)(1). If no such arrangement exists, then service may be made “in accordance with an applicable international convention on service of judicial documents.” § 1608(a)(2). And “if service cannot be made under [either of these provisions, the specified documents,] together with a translation of each into the official language of the foreign state, [can be sent] by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned.” § 1608(a)(3). Lastly,
if service cannot be made within 30 days under [the third method described, then two copies of the documents, along with the requisite translation can be sent] by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary ■ shall transmit one copy of thé papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.
§ 1608(a)(4).
There is no dispute that the first two methods of service described in § 1608(a) were not available to Kumar. 4 Further, Kumar did not attempt to serve process by delivering the requisite documents through diplomatic channels as set out in subsection (a)(4), in part because failure of subsection (a)(3) service is a prerequisite to pursuing service under subsection (a)(4) and no question arose as to thé validity of Kumar’s'' method of serving process until after judgment.
The question before the Court, then, is limited to whether Kumar satisfied § 1608(a)(3), which allows service by mail “requiring a signed receipt! ] to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state.” Specifically, we must decide whether Kumar satisfied the “addressed and dispatched to” requirement when he submitted the packet to be mailed by the clerk of court to the Sudanese embassy in Washington, D.C. Sudan does not contest compliance with the other components of service under subsection (a)(3) and the- record shows Kumar instructed the clerk of court to send the requisite documents via the United States Postal Service’s certified mail system, which is “a[] form of mail requiring a signed, receipt.” Consequently, our review is limited to whether delivering process to a foreign nation’s embassy and identifying the head of that nation’s ministry of foreign affairs as the recipient satisfies subsection (a)(3)’s requirement that the mailing is “addressed and dispatched to the head of the ministry of foreign affairs of the foreign state.”
B.
As always, our duty in a case involving statutory interpretation is “to ascertain and implement the intent of Con
*154
gress.”
Broughman,
We begin with’a general observatióh: based on § 1608(a)’s four precise methods for service of process and how that language contrasts with § 1608(b), subsection (a) requires strict compliance. Subsection (b), which applies in suits against “an agency or instrumentality of a foreign state,” contains both specific methods of serving process, § 1608(b)(l)-(2), and a catchall provision expressly allowing service by any method “reasonably calculated to give actual notice,” § 1608(b)(3). Although Congress authorized an array of specific and general service options under subsection (b), it did not include a similar catchall provision in subsection ■ (a). This contrast between two subsections of the same statute suggests that Congress intended that, the four methods authorized under subsection.(a).be the exclusive and explicit means of effectuating service of process against foreign states.
Russello v. United States,
Thus, a court cannot excuse noncompliance with the specific requirements of § 1608(a).
See Magness v. Russ. Federation,
*155
We now turn to what, specifically, subsection (a)(3) requires of a plaintiff. First, we note the text does not specify a geographic location for the service of process. Instead, subsection (a)(3). requires that the mailing of process be “addressed and dispatched” to the head of the ministry of foreign affairs. This phrase does not meaningfully limit the geographic location where service is to be made, though it.does reinforce that the location must be related to the intended recipient.
See
address,
Oxford English Dictionary
(defining the verb “address” as “[t]o send in a particular direction , or towards a particular location” or “(t]o direct (a written communication) to a specific person or destination,” “[t]o direct to the attention of, communicate to”); dispatch,
Oxford English Dictionary
(defining the verb “dispatch” as “[t]o send off post-haste or with expedition or promptitude (a messenger, message, etc., having an express destination). The word regularly used for the sending of official messengers, and messages, of couriers, troops, mails, telegrams, parcels, express trains, packet-boats, etc,”). As we discuss below, our sister circuits have held that subsection (a)(3) is satisfied where process is mailed to the head of the ministry of foreign affairs at the ministry of foreign affairs’ address in the foreign state.
See, e.g., Gates v. Syrian Arab Republic,
Although Kumar does not advocate such an extreme position, the view that subsection (a)(3) only requires a particular recipient, and not a particular location, would allow the clerk of court to send service to any geographic location so long as the head of the ministry of foreign affairs of the defendant foreign state is identified as the intended recipient. That view cannot be consistent, with Congress’ intent: otherwise, service via General Delivery in Peoria, Illinois could be argued as sufficient.
, While it is true that subsection (a)(3) does not specify delivery only at the foreign ministry in the foreign state’s capital, Kumar’s premise that subsection (a)(3) does not require service to be sent there does not lead to his conclusion that service at the embassy satisfies the obligation under subsection (a)(3). The statute is simply ambiguous as to whether delivery at the foreign state’s embassy meets subsection (a)(3) given that while the head of a ministry of foreign affairs generally oversees a foreign state’s embassies, the foreign minister is rarely—if ever—present there. Serving the foreign- minister at a location removed from where he or she actually works is at least in tension with Congress’ objective, even if it is not strictly prohibited by the statutory language.
Because the plain language of subsection (a)(3) does not- fully resolve the issue before us, we turn elsewhere for guidance as to Congress’ intent.
See Lee v, Norfolk S. Ry. Co.,
To understand this interplay, we first observe the obligation under the Vienna Convention that “[t]he premises of the *156 mission shall be inviolable. The agents of the receiving' State may not enter them, except with the consent of the head of the mission.” 7 Vienna Convention, supra art. 22, ¶ 1. Elsewhere, the Vienna Convention protects the inviolability of diplomatic agents. See id. art. 29. 8
The House Judiciary Committee Report regarding the enactment of § 1608(a) shows that the statute is meant to account for the United States’ rights and obligations under the.Vienna Convention.
See
H.R, Rep. No. 94-1487 (1977),
as reprinted in
1976 U.S.C.C.A.N. 6604. The FSIA— including § 1608 in its present form—was first enacted in 1976, four years after the Vienna Convention entered into force for the United States.
See Tabion v. Mufti,
The House Report also took ’“[sjpecial note” of a “means ... currently in use in attempting to commence litigation against a foreign state.” H.R. Rep. No. 94-1487, at 26,
as reprinted in
1976 U.S.C.C.A.N., at 6625. Describing “the mailing of a copy of the summons and complaint
to
a diplomatic mission of the foreign state” as a means of serving process that was
“of questionable
validity,” the House Report states that “[sjection 1608
precludes this method [of
service] so as to
avoid questions of inconsistency with section 1 of article 22 of the Vienna Convention on Diplomatic Relations^]”
In previously interpreting other provisions of the Vienna Convention, we have recognized that it “should be construed to give effect to the intent of the signatories,” considering both its language and “the context in which the words were used.”
Tabion,
*157 Kumar contends there is a dispositive difference for purposes of subsection (a)(3) when an embassy itself is served at the embassy’s address (which Kumar agrees would violate the Vienna Convention) and when the head of the ministry of foreign affairs is served at the embassy’s address (which Kumar contends does not violate the Vienna Convention). We fail to discern any meaningful distinction here. In the first instance, both the embassy and its address are used in an attempt to serve the foreign state; in the second, the embassy address is used as the head of the ministry of foreign affairs’ address in an attempt to serve the foreign state. In both cases, a plaintiff has relied on the foreign states’ embassy as the vehicle for effectuating service of process on the foreign state. Either action impinges upon the unique characteristics of a diplomatic mission recognized and protected by the Vienna Convention and casts the embassy in the role as agent for service of process. Any distinction between service “on” the embassy or “via” the embassy thus seems a meaningless semantic distinction. 9
In foreign affairs matters such as we consider here, we afford the view of the Department of State “substantial deference.”
See Abbott v. Abbott,
Relatedly, the Court properly considers the diplomatic interests of the United States when construing the Vienna Convention and the FSIA.
See Persinger v. Islamic Republic of Iran,
In view of the ambiguity in § 1608(a)(3) as to the place of service, we conclude the legislative history, the Vienna Convention, and the State Department’s considered view to mean that the statute does not authorize delivery of service to a foreign state’s embassy even if it correctly identifies the intended recipient as the head of the ministry of foreign affairs. Put another way, process is not properly “addressed and" dispatched to” the head of the ministry of foreign affairs as required under § 1608(a)(3) when it is delivered to the foréign state’s embassy in Washington, D.C'.
We recognize that this holding adds to the existing tension between the courts of appeals’ interpretations of § 1608(a)(3), but it. aligns with the greater weight of those holdings. For instance, it is consistent with the approaches taken in the D.C. and Seventh Circuits. Although it has not been confronted with the precise issue raised in this case, the D.C. Circuit has suggested that § 1608(a)(3) requires service on the. head of the ministry of foreign affairs in the foreign state.
See Barot v. Embassy of the Republic of Zam.,
*159
Our holding conflicts with the view of the Second. Circuit, which has held that serving Sudan’s head of the ministry of foreign affairs in a package that was delivered by certified mail to the Sudanese embassy in Washington, D.C., satisfies § 1608(a)(3).
Harrison v. Republic of Sudan (Harrison I),
Several additional grounds the Second Circuit relied on merit brief discussion as well. ■ First, after acknowledging § 1608(a)(3)’s silence as to geographic location* the- court noted that “[i]f Congress had wanted to require that the mailing be sent to the head of the ministry of foreign affairs in the foreign country, it could have said so. In § 1608(a)(4), for example, Congress specified that the papers be mailed to the Secretary of State
in Washington, District of
Columbia[.]”
Harrison I,
Second, the Second Circuit observed that requiring process “to a ministry of foreign . affairs in the foreign country,
*160
makes little sense from a reliability perspective and as a matter of policy” given the reliability of a diplomatic pouch.
Harrison I,
Further, the method to effectuate service of process the United States undertakes does not violate the Vienna Convention because it respects international norms of communication via diplomatic channels. See Oct. 26, 2017, Letter from the United States as Amicus Curiae 1-2 (“When transmitting legal process through diplomatic channels, the State Department’s typical practice is for the United States’ embassy in the foreign state to deliver the papers to the state’s foreign ministry. In some unusual circumstances, or if the foreign state so requests, the State Department will transmit process to a foreign state’s embassy in the United States. In either case, the- State Department transmits the papers under cover of a diplomatic note to the foreign state. ... [T]his transmission of legal papers from one executive to another is considered to be communication through diplomatic channels.” (emphasis added)). Certified mail sent from the clerk of court to the head of the ministry of foreign affairs at the foreign state’s embassy is not of the same level and protocol and does not similarly respect the inviolability of the embassy for purposes of complying with the Vienna Convention.
III.
Because the attempted service of process in this case did not comply with the FSIA’s statutory requirements, the district court lacked personal jurisdiction over Sudan and could not enter judgment against it.
See
We therefore reverse the district court’s denial of Sudan’s motion to vacate the entry of judgment, vacate the judgments against it, and remand to the district court with instructions to allow Kumar the opportunity to perfect service of process in a manner consistent with this opinion.
*161 REVERSED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS
. This summary of the
Rux
litigation is drawn from
Rux v. Republic of Sudan,
. The plaintiffs in this case consist of both the original Rux plaintiffs and several new plaintiffs. For purposes of this appeal, this factual difference is of no consequence and they stand on the same legal footing. We refer to the plaintiffs collectively as "Kumar,” one of the'named plaintiffs,
After Kumar first filed the § 1605A-based complaint, the district court sua sponte con-eluded that res judicata barred the
Rux
plaintiffs' claims and denied Kumar’s motion for . entry of default. On appeal, we reversed and remanded the case for further proceedings,
Clodfelter
v.
Republic of Sudan,
. Although Sudan appeals from both the March 2015 default judgments and the denial of its ■ Rule 60(b) motion, our standard of review is the same in either posture given that the distilled issue before us is one of statutoiy interpretation: did Kumar’s method of serving process comply with § 1608(a)(3)? Because Sudan prevails on this issue regardless of which decision is reviewed, we need not consider Kumar’s argument on cross appeal that the district court erred in granting Sudan additional time to file its notice of appeal from the default judgments.
See United States v. Winestock,
. Sudan and the United States do not have any special arrangement for serving process, and Sudan is not a signatory to the Convention on Service Abroad of Judicial and Extrajudicial Documents, Nov. 15, 1965, 20 U.S.T. 361, T.I.A.S, No. 6638, commonly known as the Hague Service Convention.
. Here, and throughout, we have omitted internal quotation marks, citations, and alterations unless otherwise noted.
, The Ninth Circuit has broadly stated that it has adopted "a substantial compliance test for the FSIA[],” but a review of its cases shows that it has only applied that test tó a § 1608(a)-service of process challenge where the plaintiff personally sent service of process rather than requesting the clerk of court to do so.
See Peterson v. Islamic Republic of Iran,
. The Vienna Convention sets out certain privileges and immunities governing diplomatic relations between States, including those governing permanent diplomatic missions. The “ 'premises of the mission’ are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.” Vienna Convention, supra art. l(i).
. The United States is a signatory to the Vienna Convention and thus bound by its terms. See Vienna Convention, supra Presidential Proclamation (“I, Richard Nixon, President of the United States of America, proclaim and make public the Convention and the Optional Protocol to the end that they shall be observed and fulfilled with good faith on and after December 13, 1972 by the United States of America[.]”).
. The Vienna Convention allows "the head of the mission” to waive the inviolability of the premises. See Vienna Convention, supra art. 22, ¶ 1 ("The agents of the receiving State may not enter [the premises of the mission], except with the consent of the head of the mission.”). Here, however, there is no evidence in the record to suggest that the Sudanese Ambassador did so. Simple acceptance of the certified mailing from the clerk of court does not demonstrate a waiver. That conclusion follows all the more strongly because the signature does not appear to be that of the Ambassador. Furthermore, no record document shows Sudan’s Ambassador has authorized waiver as a general matter or for purposes of service in this case.
. The United States contends the Fifth Circuit has also taken this view of § 1608(a)(3).
*159
But the facts of
Magness
bear little relation to what occurred here, There, the plaintiffs attempted to serve process by sending the "complaint to the Texas Secretary of State for forwarding to Boris Yeltsin" and “directly to the Russian Deputy Minister of Culture,”
Magness,
. The distinction Kumar advances, and accepted by the Second Circuit in
Harrison,
rests on the artificial, non-textual distinction between service "on” the embassy and “via” the embassy. As noted earlier, we find no such distinction for purposes of subsection (a)(3). In both cases, the embassy is the de facto agent for service of process, something the Vienna Convention does not allow absent a waiver of mission inviolability. Further, although the Second Circuit acknowledged the State Department’s view is to be afforded "great weight,”
Harrison II,
. A petition for certiorari in
Harrison
is currently pending before the Supreme Court, and the question presented squarely raises the, issue of whether subsection (a)(3) and the Vienna Convention allow service of process "by mail addressed and dispatched to the head of the foreign state’s ministry of foreign affairs Via’ or in 'care of the foreign-state’s diplomatic mission in the United States.” Pet. for a Writ of Cert, at i,
Republic of Sudan v. Harrison,
No. 16-1-094 (U.S. Mar. 9, 2017). Shortly before we heard oral argument in -this case, the Supreme Court invited the Solicitor General to file a brief expressing the, views of the United States.
Republic of Sudan v. Harrison,
— U.S.-, 138 S.Ct.'293,
Reference
- Full Case Name
- Avinesh KUMAR, Individually and as the Guardian of the Estate and Next Friend of C.K., a Minor; Jennifer Clodfelter, Individually and as Next Friend of N.C., a Minor; John Clodfelter; Gloria Clodfelter; Joseph Clodfelter; Sharla Costelow, Individually and as the Next Friend of E.C. and B.C., Minors; George Costelow; Dorothy Costelow; Ronald W. Francis; Sandra Francis; David Francis; James Francis; Sarah Guana Esquivel; Lou Gunn; Mona Gunn; Anton J. Gunn; Jamal Gunn; Jason Gunn; Novella Wiggins; Diane McDaniels, Individually and as Next Friend of J.M., a Minor; Fredericka McDaniels-Bess; Jesse Nieto; Jamie Owens, Individually and as the Guardian of the Estate and Next Friend of I.M.O., a Minor; Kenyon Embry; Teresa Smith; Hugh M. Palmer; Leroy Parlett; Etta Parlett, Individually and as Next Friend of H.P., a Minor; Kera Parlett Miller; Matthew Parlett; Kate Brown; Sean Walsh; Kevin Roy; Olivia Rux; Rogelio Santiago; Simeona Santiago; Jacqueline Saunders, Individually and as the Guardian of the Estate and Next Friend for J.T.S., a Minor; Isley Gayle Saunders; Gary Swenchonis, Sr.; Deborah Swenchonis; Shalala Swenchonis-Wood; Lorie D. Triplett, Individually and as the Guardian of the Estate and Next Friend of A.T. and S.R.T., Minors; Savannah Triplett; Freddie Triplett; Theodis Triplett; Kevin Triplett; Wayne Triplett; Thomas Wibberly; Patricia A. Wibberly; Toni Wibberly; Timothy P. Sceviour, as Personal Representative of the Estates of Kenneth Eugene Clodfelter, Richard Costelow, Lakeina Monique Francis, Timothy Lee Gauna, Cherone Louis Gunn, James Roderick McDaniels, Marc Ian Nieto, Ronald Scott Owens, Lakiba Nicole Palmer; Timothy P. Sceviour, as Personal Representative of the Estates of Joshua Langdon Parlett, Patrick Howard Roy, Kevin Shawn Rux, Ronchester Mananga Santiago, Timothy Lamont Saunders, Gary Graham Swenchonis, Jr., Andrew Triplett and Craig Bryan Wibberly, Plaintiffs-Appellees, and Reed Triplett, Plaintiff, and Ollesha Smith Jean; Jack Earl Swenson, Consolidated Plaintiffs, v. REPUBLIC OF SUDAN, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Kenneth Eugene Clodfelter; Jennifer Clodfelter, Individually and as Next Friend of N.C., a Minor; John Clodfelter; Gloria Clodfelter; Joseph Clodfelter, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Richard Costelow; Sharia Costelow, Individually and as Next Friend of E. C. and B.C., Minors; George Costelow; Dorothy Costelow, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Lakeina Monique Francis; Ronald W. Francis; Sandra Francis; David Francis; James Francis, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant, United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Timothy Lee Guana; Sarah Guana Esquivel, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Cherone Louis Gunn; Lou Gunn; Mona Gunn; Anton J. Gunn; Jason Gunn, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P, Sceviour, as Personal Representative of the Estate of James Roderick McDaniels; Novella Wiggins; Diane McDaniels, Individually and as Next Friend of J.M. a Minor; Fredericka McDaniels-Bess, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Marc Ian Nieto; Jesse Nieto, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Ronald Scott Owens; Jamie Owens, Individually and as the Guardian of the Estate and Next Friend of I.M.O., a Minor, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Lakiba Nicole Palmer; Avinesh Kumar, Individually and as the Guardian of the Estate and Next Friend of C.K., a Minor; Kenyon Embry; Teresa Smith; Hugh M. Palmer; Jack Earl Swenson; Ollesha Smith Jean, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Joshua Langdon Parlett; Leroy Parlett; Etta Parlett, Individually and as Next Friend of H.P., a Minor; Kera Parlett Miller; Matthew Parlett, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant, United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Patrick Howard Roy; Kate Brown; Sean Walsh; Kevin Roy, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Kevin Shawn Rux; Olivia Rux, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Ronchester Mananga Santiago; Rogelio Santiago; Simeona Santiago, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Timothy Lamont Saunders; Jacqueline Saunders, Individually and as the Guardian of Estate and Next Friend of J.T.S., a Minor; Isley Gayle Saunders, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Gary Graham Swenchonis, Jr.; Gary Swenchonis, Sr.; Deborah Swenchonis; Shalala Swenchonis-Wood, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Andrew Triplett; Lorie D.Triplett, Individually and as the Guardian of Estate & Next Friend of A.T. & S.R.T., Minors; Reed Triplett; Savannah Triplett; Freddie Triplett; Theodis Triplett; Kevin Triplett; Wayne Triplett, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Timothy P. Sceviour, as Personal Representative of the Estate of Craig Bryan Wibberly; Thomas Wibberly, Patricia A. Wibberly; Toni Wibberly, Plaintiff-Appellee, v. Republic of Sudan, Defendant-Appellant. United States of America, Amicus Supporting Appellant; Avinesh Kumar, Individually and as the Guardian of the Estate and Next Friend of C.K., a Minor; Jennifer Clodfelter, Individually and as Next Friend of N.C., a Minor; John Clodfelter; Gloria Clodfelter; Joseph Clodfelter; Sharla Costelow, Individually and as the Next Friend of E.C. and B.C., Minors; George Costelow; Dorothy Costelow; Ronald W. Francis; Sandra Francis; David Francis; James Francis; Sarah Guana Esquivel; Lou Gunn; Mona Gunn; Anton J. Gunn; Jamal Gunn; Jason Gunn; Novella Wiggins; Diane McDaniels, Individually and as Next Friend of J.M., a Minor; Fredericka McDaniels-Bess; Jesse Nieto; Jamie Owens, Individually and as the Guardian of the Estate and Next Friend of I.M.O., a Minor; Kenyon Embry; Teresa Smith; Hugh M. Palmer; Leroy Parlett; Etta Parlett, Individually and as Next Friend of H.P., a Minor; Kera Parlett Miller; Matthew Parlett; Kate Brown; Sean Walsh; Kevin Roy; Olivia Rux; Rogelio Santiago; Simeona Santiago; Jacqueline Saunders, Individually and as the Guardian of the Estate and Next Friend for J.T.S., a Minor; Isley Gayle Saunders; Gary Swenchonis, Sr.; Deborah Swenchonis; Shalala Swenchonis-Wood; Lorie D. Triplett, Individually and as the Guardian of the Estate and Next Friend of A.T. and S.R.T., Minors; Savannah Triplett; Freddie Triplett; Theodis Triplett; Kevin Triplett; Wayne Triplett; Thomas Wibberly; Patricia A. Wibberly; Toni Wibberly; Timothy P. Sceviour, as Personal Representative of the Estates of Kenneth Eugene Clodfelter, Richard Costelow, Lakeina Monique Francis, Timothy Lee Gauna, Cherone Louis Gunn, James Roderick McDaniels, Marc Ian Nieto, Ronald Scott Owens, Lakiba Nicole Palmer; Timothy P. Sceviour, as Personal Representative of the Estates of Joshua Langdon Parlett, Patrick Howard Roy, Kevin Shawn Rux, Ronchester Mananga Santiago, Timothy Lamont Saunders, Gary Graham Swenchonis, Jr., Andrew Triplett and Craig Bryan Wibberly, Plaintiffs-Appellants, and Reed Triplett, Plaintiff, and Ollesha Smith Jean; Jack Earl Swenson, Consolidated Plaintiffs, v. Republic of Sudan, Defendant-Appellee. United States of America, Amicus Supporting Appellee
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