1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

KENT M. MAUPIN , et al. ,

Plaintiff s
v. SYRIAN ARAB REPUBLIC , et al. ,

Defendant s . Civil Action No. 1 7

- 1213 (CKK)

MEMORANDUM OPINION ( Septe mber 19 , 201 9 )
This case arises from the death of an American , Keith Matthe w Maupin , in Iraq sometime between 2004 and 2008 . Plaintiffs LeaAnn Cottrell and Stephen Spencer are the half

- blood siblings of the decedent on his mother’s side, and Plaintiff Kent Maupin is the half

- blood sibling of the decedent on his father’s side. Plaintiffs allege that Maupin was killed by a terrorist organizati on l ed by Abu Mus’ab al

- Zarqawi (the “Zarqawi Terrorist Organization”) . P roceeding under the Foreign Sovereign Immunities Act (“FSIA”), Plaintiffs allege that Defendant s Syrian Arab Republic (“Syria”) and the Syrian Military Intelligence provided material sup port and
resources to the Zarqawi Terrorist Organization and accordingly should be held liable for this death. The Court agrees. Defendants have not answered or otherwise participated in this litigation. The case accordingly proceeded in a default sett ing

. The Court did not require a liability hearing, as this case involves the same issue as was presented in Foley v. Syrian Arab Republic , No. 11

- cv - 699 (D.D.C)

. In that case, following a liability hearing, this Court concluded that Syria and the Syrian Military Intelligence were liable for the death of Maupin, and provided damages to his estate as well as to his parents. Foley , No. 11

- cv - 699, ECF No. 76; see also generally Foley v. Syrian Republic , 249 F. Supp. 3d 186 (D.D.C. 2017). Ado pting the factual fi nd ings and2

conclusions of law from Foley , in a p revious Memo randum Opinion, the Court determine d that Plaintiffs established their claims by evidence satisfactory to the Court , and accordingly granted default judgment against Defendants as to liability

. March 20, 2019 Memorandum Opinion and Order, ECF No. 27. The Co urt’s findings of fact and conclusions of law in that Memorandum Opinion and Order are incorporated into this Memorandum Opinion as though stated in full. The
Court referred the issue of damages to a Special Master. Upon consideration of the pleadings, 1 the relevant legal authorities, and the record as a whole, the Court will now grant Plaintiffs default judgment in this case in full. It will affirm and adopt the Special Master’s findings and recommendations on damages

. I. DISCUSSION Plaintiffs filed this lawsuit on June 20 , 201 7

. Compl., ECF N o. 1. On January 2, 201 9 , Plaintiffs moved for an entry of default , contending that service had been completed as to Defendants Syria and Syrian Military Intelligence under 28 U.S.C. § 1603(a)( 4 ) , and that Defendants had failed to answer or otherwise respond withi n 60 days . ECF No. 23

. On January 3 , 20 1 9 , the Court granted Plaintiff s ’ motion

. January 3, 2019 Minute Order . The Court found that Plaintiffs had accomplished service by conveying the service documents to the Syrian Ministry of Foreign Affairs by way of the Czech Ministry of Foreign Affairs. Accordingly, the Court ordered the Clerk of the Court to enter a default as to Defendant s Syria and the Syrian Military Intelligen ce pu rsuant to Fed. R. Civ. P. 55(a). Id

. The Clerk of the Court entered default on January 3, 2019. ECF No. 24.

1 The Court ’ s consideration has focused on the Special Masters ’ damages reports, ECF No

. 32 , and Plaintiffs ’ Motion f

or Adoption of the Special Master ’ s Damages Awards , ECF No. 33. In an exercise of its discretion, and noti ng Plaintiffs ’ statement that they do not request a hearing , the Court finds that holding oral argument would not be of assistance in rendering a decision. See LCvR 7(f).3

The Court was not required to h o ld a liability hearing in this matter as this case involves the same issue as was presented in Foley v. Syrian Arab Republic , No. 11

- cv - 699 (D.D.C)

. The Court took judicial notice and adopted the relevant findings of fact and conclusions of law from Foley as to Defendants ’ liability

. In a previous Memorandum Opinion and Order, the Court granted Plaintiffs ’ motion for default judgment against each Defendant as to liability . ECF No. 26 . The Court then appointed Alan Balaran as a Special M aster to administer damages proceedings

. E CF No. 31

. The Court ordered Mr. Balaran to file a dam ages report

. Id . The Court further ordered that any part y could file an objection to Mr. Balaran ’ s report within 21 days of the filing on the public docket. Id. The Co urt further ordered that failure to meet this deadline would result in permanent waiver of objections to Mr. Balaran ’ s findings , and that absent objection, Mr. Balaran ’ s findings, report and recommendations would be deemed approved, accepted and ordered b y the Court, unless th e Court provided otherwise. Id. Special Master Balaran reviewed the record in this case upon which the Court based its liability finding s , and also received additional evidence. On September 18 , 201 9 , Special Master Balaran filed his damages report

. ECF No

. 32

. The Special Master recommended that each of the three Plaintiffs receive an enhancement of $1 mi llion in addition to the $2.5 million baseline award set out in Heiser v. Islamic Republic of Iran , 466 F.Supp.2d 229 (D.D.C. 2006) , for a total of $3.5 million each in compensatory damages for loss of solatium. Id . at 16. Following the Special Master ’s Report, Plaintiffs filed a Motion asking the Court to adopt the Special Master ’s report in whole. ECF No. 33. Plaintiffs stated that they have no objections to the Special Master ’s f act findings or conclusion s of law

. The Court has reviewed4

the Sp ecial Master ’s Report and agrees with the Special Master ’s fact find ings and conclusions of law. Accordingly , the Court ADOPTS the Special ’s Masters Report in full.
II. CONCLUSION For the foregoing reasons, t he Court adopts and affirms the Special Master ’ s damages report , including the conclusion s and analysis

. T he Court will order that Plaintiffs be granted damage awards in the amounts specified by the Special Master. Default judgment having now been entered for Plai ntiffs, this case will be dismissed. An appropriate order accompanies this Memorandum Opinion.

/s/ COLLEEN KOLLAR

- KOTELLY United States District Judge