UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ASFANEH AZADEH, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:16-cv-1467 (KBJ) ) GOVERNMENT OF THE ISLAMIC ) REPUBLIC OF IRAN, et al., ) ) Defendants. ) ) MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE On July 18, 2016, Plaintiff Asfaneh Azadeh commenced this tort action against Defendants the Government of the Islamic Republic of Iran and the Army of the Guardians of the Islamic Revolution (collectively “Defendants”) for the “uncontested and inhumane atrocities she suffered during the three months she spent wrongfully imprisoned in an Iranian jail.” Azadeh v. Gov’t of Islamic Republic of Iran, 16-cv- 1467, 2018 WL 3381306, at *1 (D.D.C. July 11, 2018). Currently pending before this Court is Azadeh’s renewed motion for a default judgment against Defendants and also Magistrate Judge Michael Harvey’s Report and Recommendation regarding that motion. (See Pl.’s Renewed Mot. for Default J., ECF Nos. 13 & 40; Report and Recommendation (“R & R”), ECF No. 27.) Because Azadeh has successfully effected service upon Defendants in accordance with section 1608(a) of Title 28 of the United States Code, this Court now has the personal jurisdiction and subject-matter jurisdiction necessary to consider both the merits of Azadeh’s claims and the Magistrate Judge’s recommendations. See Azadeh, 2018 WL 3381306, at *1. In his comprehensive Report and Recommendation, Magistrate Judge Harvey evaluated the undisputed and harrowing facts that Azadeh established, and he concluded that Defendants are liable for assaulting, battering, falsely imprisoning, and intentionally inflicting emotional distress upon Azadeh. (See R & R at 33–38.) Magistrate Judge Harvey also addressed the damages that should be awarded to Azadeh, concluding that Plaintiff is entitled to the following: $13,028,889 for her pain and suffering; $5,176,733 for her economic damages; and $18,205,622 for her punitive damages; for a total damages award of $36,411,244. (Id. at 52; see also id. at 38–52.) The Report and Recommendation also advises the parties that, “failure to file timely objections to the findings and recommendations set forth in this report may waive [the parties’] right of appeal from an order of the District Court that adopts such findings and recommendations.” (Id. at 52–53); see Thomas v. Arn, 474 U.S. 140, 154 (1985); see also Gov’t of Rwanda v. Johnson, 409 F.3d 368, 376 (D.C. Cir. 2005) (“[O]bjections to magistrate rulings are forfeited absent timely challenge in the district court .”). Having considered these conclusions and the analysis supporting them, this Court agrees with Magistrate Judge Harvey’s findings and ADOPTS his analysis and conclusions regarding the Defendants’ liability and the appropriate amount of damages to be awarded to Azadeh. Consequently, consistent with the attached Report and Recommendation and as set forth in the accompanying Order, Azadeh’s renewed motion for a default judgment will be GRANTED, and damages will be awarded in the amount of $36,411,244. DATE: September 5, 2018 Ketanji Brown Jackson KETANJI BROWN JACKSON United States District Judge 2 APPENDIX A Case 1:16-cv-01467-KBJ-GMH Document 29 Filed 06/21/18 Page 1 ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals