UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

ZORAN ZUZA, : 

 : 

 Plaintiff, : 

 : Civil Action No.: 14-01099 (RC) 

 v. : 

 : Re Document Nos.: 19, 28, 30, 37 

OFFICE OF THE HIGH REPRESENTATIVE, : 

et al., : 

 : 

 Defendants. : 

MEMORANDUM OPINION 

DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION,

DENYING PLAINTIFF’S MOTION TO STRIKE, 

DENYING PLAINTIFF’S MOTION FOR JURISDICTIONAL DISCOVERY, AND

DENYING AS MOOT PLAINTIFF’S MOTION FOR ORDER

I. INTRODUCTION AND BACKGROUND 

Defendants in this action—the Office of the High Representative (OHR), and the former 

and current High Representatives—are international entities tasked with managing peace 

agreement implementation efforts in Bosnia and Herzegovina. See Zuza v. Office of High 

Representative, 107 F. Supp. 3d 90, 91–92 (D.D.C. 2015), ECF No. 18 (discussing the factual 

background of this case). Because the Court found Defendants immune from suit under the 

International Organizations Immunities Act (IOIA),1

 the Court dismissed Plaintiff Zoran Zuza’s 

claims against Defendants. See Order, ECF No. 17; Zuza, 107 F. Supp. 3d at 94–100. 

Zuza timely filed a motion to alter or amend the judgment under Federal Rule of Civil 

Procedure 59(e). See Fed. R. Civ. P. 59(e); Pl.’s Mot. Recons., ECF No. 19. Zuza’s motion urges 

 1

 Pub. L. No. 79-291, 59 Stat. 669 (1945) (codified as amended at 22 U.S.C. 

§§ 288–288f-7). 
2 

the Court to reconsider its dismissal because he claims that (1) King v. Burwell, 135 S. Ct. 2480 

(2015), is an intervening change in controlling law, and (2) the Court’s decision was based on 

errors of law. See Pl.’s Mot. Recons. 1; Mem. P. & A. Supp. Pl.’s Mot. Recons. 5–45, ECF 

No. 19-1. After preliminary review of Zuza’s motion, the Court ordered supplemental briefing on 

one of Zuza’s arguments and also requested a statement of interest from the United States. See

Order, ECF No. 23; Request for Statement of Interest, ECF No. 33. 

In the course of supplemental briefing, Zuza also filed three additional motions: a motion 

to strike portions of Defendants’ supplemental brief, a motion for leave to conduct jurisdictional 

discovery, and a motion for an order obliging Defendants to respond to the other two recently 

filed motions. See Pl.’s Mot. Strike, ECF No. 28; Pl.’s Mot. for Leave to Conduct Limited 

Jurisdictional Discovery, ECF No. 30; Pl.’s Mot. Order, ECF No. 37. 

After considering all the parties’ filings and the United States’ statement of interest, the 

Court finds that the arguments in Zuza’s motion for reconsideration, motion to strike, and motion 

for leave to conduct jurisdictional discovery have no merit. The Court will therefore deny these 

three motions. And because Zuza’s last motion seeks further briefing on his motion to strike and 

his motion for leave to conduct jurisdictional discovery, the Court will deny Zuza’s last motion 

as moot. 

II. LEGAL STANDARD 

Rule 59(e) motions “need not be granted unless the district court finds that there is an 

intervening change of controlling law, the availability of new evidence, or the need to correct a 

clear error or prevent manifest injustice.” Ciralsky v. CIA, 355 F.3d 661, 671 (D.C. Cir. 2004) 

(quoting Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996)). Such motions cannot be 

used as “an opportunity to reargue facts and theories upon which a court has already ruled, nor as 
3 

a vehicle for presenting theories or arguments that could have been advanced earlier.” Estate of 

Gaither ex rel. Gaither v. District of Columbia, 771 F. Supp. 2d 5, 10 (D.D.C. 2011) (quoting 

SEC v. Bilzerian, 729 F. Supp. 2d 9, 14 (D.D.C. 2010)). “The burden is on the moving party to 

show that reconsideration is appropriate and that harm or injustice would result if reconsideration 

were denied.” United States ex rel. Westrick v. Second Chance Body Armor, Inc., 893 F. Supp. 

2d 258, 268 (D.D.C. 2012) (placing the burden on the movant in the context of a Rule 54(b) 

motion for reconsideration); see also Kittner v. Gates, 783 F. Supp. 2d 170, 172 (D.D.C. 2011) 

(same, for motions under Rules 59(e) and 60(b)). 

III. ANALYSIS 

A. King v. Burwell

Zuza first argues that the Supreme Court’s opinion last year in King v. Burwell compels 

an analysis of the IOIA different from the textual approach adopted in this Court’s decision on 

Defendants’ motion to dismiss. See King v. Burwell, 135 S. Ct. 2480 (2015); see also Mem. P. & 

A. Supp. Pl.’s Mot. Recons. 5–12. King teaches that, though courts “must enforce” plain 

statutory language, “when deciding whether the language is plain, [courts] must read the words 

‘in their context and with a view to their place in the overall statutory scheme.’” King, 135 S. Ct. 

at 2489 (quoting FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000)). 

But King’s reasoning does not affect this Court’s IOIA analysis, even assuming that King 

is an “intervening change of controlling law.” Ciralsky v. CIA, 355 F.3d 661, 671 (D.C. Cir. 

2004) (quoting Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996)).2

 In keeping with 

 2

 Given that King’s relevant portions cite repeatedly to Supreme Court precedent, King 

arguably does not articulate any new rule of statutory interpretation. See, e.g., King, 135 S. Ct. at 

2489. 
4 

King’s mandate, this Court considered “as a whole,” rather than “in isolation,” the text of IOIA 

sections 1, 2(b), and 7(b), the 2010 amendment to the IOIA,3 and the relevant executive order4

before concluding that the statutory language was so “plain” that it enabled an analysis that 

“begins and ends” with the text. See King, 135 S. Ct. at 2495 (explaining that though a statutory 

phrase’s meaning may seem plain “when viewed in isolation,” its plain meaning may turn out to 

be “untenable in light of the statute as a whole” (internal quotation marks and brackets omitted) 

(quoting Dep’t of Revenue of Or. v. ACF Indus., Inc., 510 U.S. 332, 343 (1994))); Zuza, 107 F. 

Supp. 3d at 93–95. 

Alternatively, King allows for consideration of a statute’s “broader structure” when 

statutory text is ambiguous. See King, 135 S. Ct. at 2492. But Zuza’s motion cites no statutory 

text or purpose that creates ambiguity. See Mem. P. & A. Supp. Pl.’s Mot. Recons. 5–12.5 Thus, 

to the extent Zuza seeks to advance an argument that the IOIA’s text is ambiguous, Zuza fails to 

carry his burden under Rule 59(e). See Kittner v. Gates, 783 F. Supp. 2d 170, 172 (D.D.C. 2011). 

B. OHR’s Immunity 

In urging reconsideration of the Court’s ruling on OHR’s international organization 

immunity, Zuza’s motion takes issue with the Court’s statutory interpretation, the Court’s 

treatment of concessions and admissions that Zuza alleges Defendants made, and the Court’s 

 3

 Extending Immunities to the Office of the High Representative in Bosnia and 

Herzegovina and the International Civilian Office in Kosovo Act of 2010, Pub. L. No. 111-177, 

124 Stat. 1260 (codified at 22 U.S.C. § 288f-7). 

4

 Exec. Order No. 13,568, 76 Fed. Reg. 13,497 (Mar. 8, 2011). 

5

 Indeed, Zuza appears to use King merely as a vehicle for reasserting his rejected 

arguments concerning lack of waiver, a Ninth Circuit opinion’s silence, and the “U.S. Presence 

Requirement.” See Mem. P. & A. Supp. Pl.’s Mot. Recons. 6–11; see also Zuza, 107 F. Supp. 3d 

at 96–97 & n.7 (rejecting these arguments). 
5 

rejection of the “U.S. Presence Requirement” that Zuza argues the IOIA requires. See Mem. P. & 

A. Supp. Pl.’s Mot. Recons. 12–37. 

All of these arguments could have been presented, however, in Zuza’s opposition to the 

motion to dismiss and in his sur-reply. And indeed, many of these arguments were. See Pl.’s 

Mem. Opp’n Defs.’ Mot. Dismiss 19–37, ECF No. 6; Pl.’s Sur-Reply Opp’n Defs.’ Mot. Dismiss 

4–12, ECF No. 11; see also Zuza v. Office of the High Representative, 107 F. Supp. 3d 90, 96–97 

(D.D.C. 2015) (rejecting arguments made in Zuza’s opposition and sur-reply to the motion to 

dismiss). The Court therefore declines to consider Zuza’s arguments about OHR’s immunity. See

Estate of Gaither ex rel. Gaither v. District of Columbia, 771 F. Supp. 2d 5, 10 (D.D.C. 2011) 

(explaining that motions for reconsideration may not be used as opportunities to relitigate 

arguments that were or could have been advanced earlier). And regardless, nothing in Zuza’s 

lengthy submission raises any issues meriting reconsideration. 

C. The Individual Defendants’ Immunity 

Zuza next argues that the Court erred in holding that the individual defendants Inzko and 

Ashdown are entitled to immunity as “officers” of OHR. See Mem. P. & A. Supp. Pl.’s Mot. 

Recons. 38–42. 

1. The Individual Defendants’ Alleged Concessions 

In this vein, Zuza first contends that, because Inzko and Ashdown bore the burden to 

establish their immunity and because they did not argue that they were “officers” under the 

IOIA, the Court could not find them immune from suit. See Zuza v. Office of the High 

Representative, 107 F. Supp. 3d 90, 94 n.3, 99 n.8 (D.D.C. 2015). But as the Court explained, 

Defendants did argue that Zuza’s argument would lead to an “absurd result.” Id. at 98 (quoting 

Defs.’ Reply 5, ECF No. 7). Defendants also argued that “[b]oth § 288f-7 and IOIA specifically 
6 

grant immunity to OHR’s ‘officers or employees’ without withholding immunity from the head 

of the office” and that “IOIA immunity has been applied to the UN Secretary General and [to 

other] top international organization officials.” Defs.’ Reply 5–6. In addition, Defendants cited 

Brzak v. United Nations, 551 F. Supp. 2d 313 (S.D.N.Y. 2008), upon which the Court’s analysis 

also relied. See Zuza, 107 F. Supp. 3d at 93, 99; Mem. P. & A. Supp. Defs.’ Mot. Dismiss 12, 

ECF No. 4-1. The fact that Defendants did not squarely contend that Inzko and Ashdown are (or 

were) OHR “officers” does not prevent the Court from concluding that they carried their burden 

to establish their immunity.6 

2. 22 U.S.C. § 228e(a)7

In the alternative, Zuza argues that the Court erroneously disregarded section 8(a) of the 

IOIA, which states that an individual must be “duly notified to and accepted by the Secretary of 

State as a representative, officer, or employee” before he can enjoy IOIA immunity. 22 U.S.C. 

§ 228e(a). The parties’ supplemental briefs and the United States’ statement of interest address 

this issue at length. See Defs.’ Suppl. Opp’n, ECF No. 26; Pl.’s Suppl. Brief, ECF No. 29; 

Statement of Interest, ECF No. 41; Defs.’ Resp. to Statement of Interest, ECF No. 42; Pl.’s Mem. 

Resp. to the Statement of Interest, ECF No. 43; Defs.’ Reply to Pl.’s Resp. Regarding Statement 

of Interest, ECF No. 45; Pl.’s Reply to Defs.’ Resp. to Statement of Interest, ECF No. 46. 

 6

 Zuza avers that he is “prepared to amend the Complaint to cite Lord Ashdown in his 

‘official capacity as former High Representative.’” Mem. P. & A. Supp. Pl.’s Mot. Recons. 3 n.2, 

42 n.70. To the extent that Zuza requests leave to amend the complaint in this manner, the Court 

denies his request because it would be futile. See Zuza, 107 F. Supp. 3d at 99 (reviewing cases 

and holding that a former official enjoys international official immunity under the IOIA “against 

claims arising out of actions taken in his (prior) official capacity”). See generally Ali v. Carnegie 

Inst. of Wash., 309 F.R.D. 77, 87 (D.D.C. 2015) (explaining that an amended pleading is futile if 

it cannot withstand a motion to dismiss). 

7

 Without deciding the issue, the Court’s discussion of 22 U.S.C. § 288e(a) assumes, as 

the Court’s prior opinion did, that Defendants have the burden to prove their IOIA immunity. See

Zuza v. Office of the High Representative, 107 F. Supp. 3d 90, 94 n.3 (D.D.C. 2015). 
7 

a. The United States’ Statement of Interest 

The government’s statement of interest states that “the United States confirms that both 

individual defendants satisfy section 8(a)’s requirements.” Statement of Interest 3. In support, the 

United States attached a signed letter from Clifton Seagroves, the Department of State’s Acting 

Deputy Director of the Office of Foreign Missions. See Statement of Interest Ex. A, ECF No. 

41-1. According to that letter, “[t]he official records of the Department of State” indicate that 

Inzko and Ashdown “have been notified to the Secretary of State and accepted by the Director of 

the Office of Foreign Missions, acting pursuant to delegated authority from the Secretary of 

State.” Id. 

b. Notification and Acceptance Shown 

With the government’s statement of interest and Seagroves’s signed letter, it is clear that 

Inzko and Ashdown meet 29 U.S.C. § 288e(a)’s requirements. Seagroves’s letter expressly 

confirms that Inzko and Ashdown have been “notified to” and “accepted by” the Secretary of 

State, just as § 288e(a) prescribes. See 29 U.S.C. § 288e(a); Statement of Interest Ex. A. Letters 

from Inzko to the State Department also show that the State Department was notified of Inzko 

and Ashdown. See Defs.’ Suppl. Opp’n Ex. 24 & Ex. A, ECF No. 27-1 (requesting that a list of 

individuals, including Inzko himself, be accepted as officers and employees entitled to IOIA 

immunity); Defs.’ Suppl. Opp’n Ex. 25, ECF No. 26-11 (same, for Ashdown). And Zuza himself 

implies that a certificate or letter from the Department of State is sufficient to show acceptance. 

See Pl.’s Suppl. Brief 2, 11–15. 

Instead of attacking the fact of Inzko’s and Ashdown’s notification and acceptance, Zuza 

merely argues that the documents verifying notification and acceptance are “unauthenticated and, 

therefore, inadmissible.” See Pl.’s Evidentiary Obj. 1, ECF No. 31 (objecting to Inzko’s letters to 
8 

the State Department); Pl.’s Evidentiary Obj. Exs. Attached to Statement of Interest, ECF No. 44 

(objecting to Seagroves’s letter). But Federal Rule of Evidence 901 requires a proponent of 

evidence merely to produce “evidence sufficient to support a finding that the item is what the 

proponent claims it is.” Fed. R. Evid. 901(a). To satisfy the authentication requirement, the 

proponent may use “[t]he appearance, contents, substance, internal patterns, or other distinctive 

characteristics of the item, taken together with all the circumstances.” Fed. R. Evid. 901(b)(4). 

Here, the letters from Inzko to the State Department bear the same letterhead and style as 

a later letter, which the United States expressly endorsed as being from Inzko. Compare Defs.’ 

Suppl. Opp’n Ex. 24 & Ex. A and Defs.’ Suppl. Opp’n Ex. 25 with Statement of Interest Ex. B. 

See also Statement of Interest 4 n.2 (describing the letter the government produced as a “Letter 

from Valentin Inzko to Ambassador Gentry O. Smith”). In light of these circumstances, the 

Court sees no reason to question the authenticity of Inzko’s letters. 

Similarly, Seagroves’s letter was submitted directly by the Department of Justice on 

behalf of the United States and bears the letterhead of the State Department. See Statement of 

Interest Ex. A. Independent inquiry confirms that Clifton Seagroves is the Acting Deputy 

Director of the Office of Foreign Missions and exercises State Department functions associated 

with 22 U.S.C. § 288e. See Re-Delegation of Certain Authorities and Functions Under the 

International Organizations Immunities Act, 80 Fed. Reg. 75,700 (Dec. 3, 2015) (delegating 

§ 288e duties to the Deputy Director of the Office of Foreign Missions and other State 

Department personnel); Key Personnel, U.S. Dep’t of State, http://www.state.gov/ofm/contact/

personnel/index.htm (last visited Feb. 4, 2016) (informing the public of Mr. Seagroves’s service 

as Acting Deputy Director). As with Inzko’s letters, nothing gives the Court reason to question 

the authenticity of the State Department’s letter. 
9 

Zuza’s evidentiary objections lack merit, and Zuza makes no arguments disputing the 

relevant facts: Inzko and Ashdown were notified under 29 U.S.C. § 288e(a) to the Secretary of 

State, and the Secretary of State accepted them under § 288e(a) as appropriate recipients of IOIA 

immunity. Inzko and Ashdown therefore meet the requirements set forth in § 288e(a). On this 

front, Zuza has not shown a “need to correct a clear error” of law. Ciralsky v. CIA, 355 F.3d 661, 

671 (D.C. Cir. 2004); see also Kittner v. Gates, 783 F. Supp. 2d 170, 172 (D.D.C. 2011) (placing 

the burden of proof for a Rule 59(e) motion on the movant). 

c. Retroactive Notification and Acceptance Permissible 

Even if Inzko and Ashdown did not meet 29 U.S.C. § 288e(a)’s requirements at the time 

Zuza’s complaint was filed, that would not bar their IOIA immunity now. The IOIA itself states 

that, once individuals merit IOIA immunity, they are immune not just “from suit,” but also from 

“legal process.” 22 U.S.C. § 288d(b). And the weight of relevant case law favors finding that if 

international officials acquire immunity during the pendency of a suit, the suit must be 

dismissed. See generally Abdulaziz v. Metro. Dade Cnty., 741 F.2d 1328, 1329–30 (11th Cir. 

1984) (discussing diplomatic immunity and holding that it “serves as a defense to suits already 

commenced”); Fun v. Pulgar, 993 F. Supp. 2d 470, 474 (D.N.J. 2014) (same); Republic of 

Philippines v. Marcos, 665 F. Supp. 793, 799 (N.D. Cal. 1987) (same). The Supreme Court, in 

discussing foreign sovereign immunity, has stated that “such immunity reflects current political 

realities and relationships, and aims to give foreign states and their instrumentalities some 

present ‘protection from the inconvenience of suit as a gesture of comity.’” Republic of Austria 

v. Altmann, 541 U.S. 677, 696 (2004). More broadly, the D.C. Circuit has explained that, for 

parties who merit IOIA immunity, the IOIA creates a “baseline” of “absolute immunity” to all 

kinds of suits. Atkinson v. Inter-Am. Dev. Bank, 156 F.3d 1335, 1341 (D.C. Cir. 1998). 
10 

These authorities persuade the Court that the IOIA, like diplomatic immunity and foreign 

sovereign immunity, can serve as a defense to suits already commenced. As this Court has noted 

before, IOIA immunity “is an immunity from trial and the attendant burdens of litigation, and not 

just a defense to liability on the merits.” Garcia v. Sebelius, 919 F. Supp. 2d 43, 47 (D.D.C. 

2013) (internal quotation marks omitted) (quoting Foremost–McKesson, Inc. v. Islamic Republic 

of Iran, 905 F.2d 438, 443 (D.C. Cir. 1990))).8

Because IOIA immunity can apply retroactively, 22 U.S.C. § 288e(a)’s requirements will 

not bar Inzko and Ashdown’s IOIA immunity, even if they first satisfied those requirements after 

Zuza filed his complaint in this case. Thus, § 288e(a) is not a reason for the Court to disturb its 

decision to find Inzko and Ashdown immune from suit. 

3. Functional Immunity 

Zuza also argues that the Court improperly held that the “functional” immunity 

referenced in Tuck v. Pan American Health Organization, 668 F.2d 547, 550 n.7 (D.C. Cir. 

1981), displaces the text of 22 U.S.C. § 288f-7. See Zuza v. Office of the High Representative, 

 8

 Analogously, courts have held that IOIA immunity, even if obtained after the events at 

issue in the litigation, still serves as a defense to suit. See, e.g., Garcia v. Sebelius, 867 F. Supp. 

2d 125, 143–44 (D.D.C. 2012), vacated in part on other grounds, 919 F. Supp. 2d 43 (D.D.C. 

2013); Weidner v. Int’l Telecomms. Satellite Org., 392 A.2d 508, 510 (D.C. 1978). For instance, 

the District of Columbia Court of Appeals declared in this context that “[i]f a cause of action 

arises and an individual . . . is subsequently clothed with immunity, courts lack jurisdiction to 

entertain actions brought against such individuals . . . so long as the immunity exists.” Weidner, 

392 A.2d at 510. 

Although these cases assessed IOIA immunity using the date on which the complaints 

were filed, they did so because of the facts of those cases. Both Garcia and Weidner concerned 

foreign officials who gained immunity after the events triggering the lawsuits, but before the 

complaints were filed. See Garcia, 867 F. Supp. 2d at 144; Weidner, 392 A.2d at 510. The 

question before the Court now—whether immunity may apply retroactively if it is acquired 

during the pendency of suit—was not squarely presented. Thus, where cases like Garcia and 

Weidner imply that, for IOIA immunity to apply, it must be present when the complaint is filed, 

that implication is merely dicta. It is not central to those cases’ holdings and accordingly does 

not affect the Court’s analysis here. 
11 

107 F. Supp. 3d 90, 98–100 (D.D.C. 2015); Mem. P. & A. Supp. Pl.’s Mot. Recons. 38–39. But 

his argument merely reiterates one the Court already rejected: Zuza’s previous argument that the 

IOIA uses the words “officer” and “employee” in their technical sense. See Zuza, 107 F. Supp. 

3d at 98–99; see also Pl.’s Mem. Opp’n Defs.’ Mot. Dismiss 38–42 (making the argument for a 

technical interpretation). As the Court noted before, “the IOIA cannot bear such an ‘absurd 

result.’” Zuza, 107 F. Supp. 3d at 98 (quoting Defs.’ Reply 5); see also United States v. Turkette, 

452 U.S. 576, 580 (1981) (instructing that, in statutory interpretation, “absurd results are to be 

avoided”). A motion for reconsideration is not a vehicle to relitigate this issue. See Estate of 

Gaither ex rel. Gaither v. District of Columbia, 771 F. Supp. 2d 5, 10 (D.D.C. 2011). 

D. Factual Background Adopted in the Court’s Opinion 

Lastly, Zuza contends that the Court erred by including in its opinion certain facts not 

alleged in the complaint concerning the Dayton Peace Agreement and the Peace Implementation 

Council. See Mem. P. & A. Supp. Pl.’s Mot. Recons. 43–44; Zuza v. Office of the High 

Representative, 107 F. Supp. 3d 90, 91 (D.D.C. 2015). Specifically, Zuza argues that because 

Defendants had “conceded” certain factual issues, the Court should not have adjudicated them in 

Defendants’ favor. See Mem. P. & A. Supp. Pl.’s Mot. Recons. 43. 

The standard of review for a Rule 12(b)(1) motion to dismiss allows the Court to 

“consider the complaint supplemented by undisputed facts evidenced in the record, or the 

complaint supplemented by undisputed facts plus the court’s resolution of disputed facts.” Coal. 

for Underground Expansion v. Mineta, 333 F.3d 193, 198 (D.C. Cir. 2003) (internal quotation 

mark omitted) (quoting Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 197 (D.C. Cir. 1992)). But 

contrary to Zuza’s argument, Defendants did not concede the factual issues to which Zuza refers, 

and so those facts are not “undisputed.” Instead, Defendants’ motion to dismiss outlines the very 
12 

facts (adopted by the Court in its opinion) that Zuza says his complaint contradicts. See Mem. P. 

& A. Supp. Defs.’ Mot. Dismiss 2–4, ECF No. 4-1. These facts were thus “disputed,” and the 

Court was not required to adopt Zuza’s version; it could resolve the disputed facts based on the 

record at the time of the Court’s decision. See Coal. for Underground Expansion, 333 F.3d at 

198. For that reason, the Court’s factual summary did not contain “a clear error,” and the Court 

need not reconsider its prior decision. See Ciralsky v. CIA, 355 F.3d 661, 671 (D.C. Cir. 2004) 

(quoting Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996)).9

In sum, none of Zuza’s arguments urging reconsideration have merit. The Court will 

therefore deny Zuza’s motion for reconsideration. 

E. Zuza’s Other Motions 

1. Motion to Strike 

Zuza has also moved to strike portions of Defendants’ supplemental brief. See Pl.’s Mot. 

Strike, ECF No. 28; see also Defs.’ Suppl. Opp’n, ECF No. 26 (containing the text at issue in 

Zuza’s motion to strike). But this motion, like his motion for reconsideration, lacks merit. 

Contrary to Zuza’s claim that the arguments contained in Defendants’ brief are “immaterial” 

under Federal Rule of Civil Procedure 12(f), Defendants’ arguments directly respond to the 

Court’s order, which directs the parties to address whether “Inzko and Ashdown presently satisfy 

 9

 Moreover, in the portion of the Court’s opinion devoted to the Dayton Peace Agreement 

and the Peace Implementation Council, the facts set forth there did not affect the merits of the 

Court’s decision. See Zuza, 107 F. Supp. 3d at 93–100 (omitting, in the entirety of the Court’s 

analysis, any reference to the Dayton Peace Agreement or the Peace Implementation Council). 

Even if the Court’s view of these background facts were to change, it would not change the IOIA 

immunity analysis. Zuza’s argument here is therefore futile. See generally Aygen v. District of 

Columbia, 311 F.R.D. 1, 3 (D.D.C. 2015) (explaining, in the Rule 60(b) context, that “the 

movant must provide the district court with reason to believe that vacating the judgment will not 

be an empty exercise or a futile gesture” (alteration and internal quotation mark omitted) 

(quoting Murray v. District of Columbia, 52 F.3d 353, 355 (D.C. Cir. 1995))). 
13 

the requirements of section 8(a).” See Order 3, ECF No. 23; Defs.’ Suppl. Opp’n 4–12; cf. Pl.’s 

Mem. P. & A. Supp. Mot. Strike 3–6, ECF No. 28-1. And the remainder of Zuza’s motion seeks 

to strike material that does not affect the Court’s analysis here. See Pl.’s Mot. Strike 6–8 

(discussing personal jurisdiction and other defenses briefly mentioned in Defendant’s 

supplemental brief); supra Parts III.A–D (declining to address those topics). The Court will 

therefore deny Zuza’s motion to strike. 

2. Motion for Jurisdictional Discovery 

Zuza’s motion for leave to conduct jurisdictional discovery alleges that Zuza “requires 

facts in order to respond to Individual Defendants’ fact-based jurisdictional defense.” Mem. P. & 

A. Supp. Mot. for Leave to Conduct Limited Jurisdictional Discovery 3, ECF No. 30-1. But the 

facts here are so clear that any jurisdictional discovery would be futile. See Peterson v. Islamic 

Republic of Iran, 563 F. Supp. 2d 268, 274 (D.D.C. 2008) (“[J]urisdictional discovery . . . should 

not be allowed when discovery would be futile.” (internal quotation marks omitted) (quoting 

Crist v. Republic of Turkey, 995 F. Supp. 5, 12 (D.D.C. 1998))). Zuza does not factually dispute 

the government’s statement that Inzko and Ashdown were notified to and accepted by the 

Secretary of State, just as 29 U.S.C. § 288e(a) requires. See generally supra Part III.C.2 

(discussing how the government’s statement is conclusive on this issue). As set forth above, 

Zuza only challenges the authenticity of documents and legal implications of those facts. See id.

Neither of which requires the uncovering of unknown facts. 

In fact, Zuza has offered no theory of what “facts” jurisdictional discovery would 

uncover to refute Defendants’ immunity claims. See Mem. P. & A. Supp. Mot. for Leave to 

Conduct Limited Jurisdictional Discovery 3. Because “jurisdictional discovery should be 

permitted ‘only to verify allegations of specific facts,’” the Court will deny Zuza’s motion for 
14 

leave to conduct jurisdictional discovery. See Crist, 995 F. Supp. at 13 (quoting Arriba Ltd. v. 

Petroleos Mexicanos, 962 F.2d 528, 534 (5th Cir. 1992)). 

3. Motion for Order 

Zuza’s last motion seeks an order obliging Defendants to respond to Zuza’s motion to 

strike, Zuza’s motion for jurisdictional discovery, and one of Zuza’s evidentiary objections. See

Pl.’s Mot. Order, ECF No. 37. Because the Court will deny Zuza’s other motions and also finds 

Zuza’s evidentiary objection meritless, the Court will deny Zuza’s last motion as moot. See

supra Part III.C.2.b (refuting Zuza’s evidentiary objection); supra Parts III.E.1–2 (discussing 

Zuza’s motion to strike and motion for jurisdictional discovery). 

IV. CONCLUSION 

For the foregoing reasons, Plaintiff’s motion for reconsideration (ECF No. 19) is 

DENIED, Plaintiff’s motion to strike (ECF No. 28) is DENIED, Plaintiff’s motion for 

jurisdictional discovery (ECF No. 30) is DENIED, and Plaintiff’s motion for the order adverted 

to in the minute order of September 24, 2015 (ECF No. 37) is DENIED AS MOOT. An Order 

consistent with this Memorandum Opinion is separately and contemporaneously issued. 

Dated: February 4, 2016 RUDOLPH CONTRERAS 

 United States District Judge