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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

KENT M. MAUPIN, et al.,

Plaintiffs

v.

SYRIAN ARAB REPUBLIC, et al.,

Defendants.

Civil Action No. 17-1213 (CKK)

MEMORANDUM OPINION

(September 19, 2019)

This case arises from the death of an American, Keith Matthew 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 

organization led by Abu Mus’ab al-Zarqawi (the “Zarqawi Terrorist Organization”). Proceeding 

under the Foreign Sovereign Immunities Act (“FSIA”), Plaintiffs allege that Defendants Syrian 

Arab Republic (“Syria”) and the Syrian Military Intelligence provided material support 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 setting. 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). Adopting the factual findings and 
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conclusions of law from Foley, in a previous Memorandum Opinion, the Court determined 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 Court’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,1the 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, 2017. Compl., ECF No. 1. On January 2, 2019, 

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 within 60 days. ECF No. 23. On January 

3, 2019, the Court granted Plaintiffs’ 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 Defendants Syria and the Syrian 

Military Intelligence pursuant 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 for Adoption of the Special Master’s Damages Awards, ECF No. 33. In an 

exercise of its discretion, and noting 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). 
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The Court was not required to hold 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 Master to administer damages proceedings. ECF No. 31. The Court 

ordered Mr. Balaran to file a damages report. Id. The Court further ordered that any party could 

file an objection to Mr. Balaran’s report within 21 days of the filing on the public docket. Id.

The Court 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 by the Court, unless the 

Court provided otherwise. Id.

Special Master Balaran reviewed the record in this case upon which the Court based its 

liability findings, and also received additional evidence. On September 18, 2019, 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 million 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 fact findings or conclusions of law. The Court has reviewed 
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the Special Master’s Report and agrees with the Special Master’s fact findings and conclusions 

of law. Accordingly, the Court ADOPTS the Special’s Masters Report in full. 

II. CONCLUSION

For the foregoing reasons, the Court adopts and affirms the Special Master’s damages 

report, including the conclusions and analysis. The Court will order that Plaintiffs be granted 

damage awards in the amounts specified by the Special Master. Default judgment having now 

been entered for Plaintiffs, this case will be dismissed. An appropriate order accompanies this 

Memorandum Opinion. 

 /s/

COLLEEN KOLLAR-KOTELLY

United States District Judge