UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) DARIOUSH RADMANESH, ) ) Plaintiff, ) ) v. ) Case No. 17-cv-1708 (GMH) ) THE GOVERNMENT OF THE ) ISLAMIC REPUBLIC OF IRAN, ) ) Defendant. ) ____________________________________) MEMORANDUM OPINION AND ORDER Before the Court is Plaintiff Darioush Radmanesh’s motion for a new trial following the denial of his motion for default judgment under the Foreign Sovereign Immunities Act’s (“FSIA”) state sponsor of terrorism exception (“terrorism exception”) and the dismissal of this action for lack of subject matter jurisdiction. 28 U.S.C. § 1605A; ECF No. 25; ECF No. 26. 1 For the reasons that follow, Plaintiff’s motion is denied. I. BACKGROUND A. Factual Background The factual background for this case is described in detail in the Court’s April 2019 Mem- orandum Opinion and Order denying default judgment and dismissing the case. See Radmanesh v. Gov’t of Islamic Republic of Iran, No. 17-CV-1708 (GMH), 2019 WL 1787615 (D.D.C. Apr. 1 Despite its caption, Plaintiff appears to bring a motion to alter or amend a judgment under Rule 59(e). There are two Rule 59 provisions that permit parties to bring motions: Rule 59(a), which allows motions for new trials; and Rule 59(e), which allows motions to alter or amend judgments. See Fed. R. Civ. P. 59. Plaintiff does not specify which provision he invokes here, but since there has been no trial in this case, the Court construes his motion as seeking relief under Rule 59(e). See Am. Bar Ass’n v. U.S. Dep’t of Educ., No. CV 16-2476 (TJK), 2019 WL 2211208 (D.D.C. May 22, 2019) (evaluating a Rule 59(e) motion to alter or amend a judgment following the court’s grant of summary judgment), appeal docketed, No. 19-5213 (D.C. Cir. July 31, 2019); cf. Kareem v. F.D.I.C., 811 F. Supp. 2d 279, 283 (D.D.C. 2011) (holding that a motion for a new trial under Rule 59(a) is not ripe where the case was dismissed before trial), aff’d, 482 F. App’x 594 (D.C. Cir. 2012). 24, 2019). The following discussion reiterates only the facts that are necessary to resolve the pending motion and to provide context for the new facts Plaintiff has introduced in conjunction with that motion. ECF No. 26. The Court will discuss allegations Plaintiff included in his com- plaint (ECF No. 1) and in a declaration accompanying his motion for entry of default judgment (ECF No. 21-2), as well as the new allegations Plaintiff included in a supplemental declaration attached to the present motion (ECF No. 26). 1. Plaintiff’s Allegation that He Was Forced to Stay in Iran In Plaintiff’s first declaration, he alleged that he is a U.S. citizen born in Kirksville, Mis- souri to an American mother and an Iranian father. ECF No. 21-2 at 2. In 1978, the family moved to Isfahan, Iran where his father was employed with Polyacryl Iran, a DuPont affiliate. Id. In 1979, during the Iranian Revolution, Plaintiff and his family were told they would be executed as spies unless they remained ...
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