Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Estate of Esther Klieman, et al v. the Palestinian Authority

March 4, 2011

ESTATE OF ESTHER KLIEMAN, ET AL., PLAINTIFFS,
v.
THE PALESTINIAN AUTHORITY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

MEMORANDUM OPINION

This case was referred to me for discovery. Currently pending and ready for resolution are 1) Plaintiffs' Motion for Issuance of Letters of Request ("Plains. First Mot.") [#107], 2) Plaintiffs' Motion for Issuance of Letters of Request ("Plains. Second Mot.") [#108], and 3) Plaintiffs' Motion to Extend the Deadline for the Completion of Fact Discovery [#112]. For the reasons stated below, the motions will be granted.

BACKGROUND

Plaintiffs are the survivors and heirs of Esther Klieman, a United States citizen who was killed on March 24, 2002 near Neve Tzuf, Israel. Complaint [#1] ("Compl.") ¶ 1. Defendants are 1) the Palestinian Authority (also known as the Palestinian Interim Self-Government and the Palestinian National Authority) ("PA"), 2) the Palestinian Liberation Organization ("PO"), 3) the Al Aqsa Martyrs Brigade (also known as Martyrs of Al Aqsa) ("Al Aqsa"), 4) Fateh, 5) Tanzim, 6) Force 17, 7) Yasser Arafat, 8) Marwan Barghouti, 9) Tamer Rassam Salim Rimawi, 10) Hussam Abdul-Kader Ahemed Halabi, 11) Ahmed Hamad Rushdie Hadib, and 12) Anan Azis Salim Hashash. Compl. ¶¶ 8-15. The suit is being brought under the Antiterrorism Act of 1991, 18 U.S.C. §§2331 et seq.*fn1 as well as under additional statutes. Id.

DISCUSSION

Plaintiffs move this Court, pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, opened for signature, Mar. 18, 1970, 23 U.S.T. 2555, T.I.A.S. No. 7444 ("Convention"), 28 U.S.C. § 1781, and Rule 28(b) of the Federal Rules of Civil Procedure, for issuance of Letters of Request directing third party witnesses located in Israel to appear for de bene esse depositions. Specifically, plaintiffs seek to depose 1) Fuad Shubaki, 2) Marwan Bin Khatib Barghouti, 3) Matityahu (Matthew) Kalman, and 4) Khaled Abu Toameh. See Plains. First Mot. at Exhibit 1; Plains. Second Mot. at Exhibit 1.

I. Legal Standard

Rule 28 of the Federal Rules of Civil Procedure provides the following:

(1) In General. A deposition may be taken in a foreign country:

(A) under an applicable treaty or convention;

(B) under a letter of request, whether or not captioned a "letter rogatory";

(C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

(D) before a person commissioned by the court to administer any necessary ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.