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Estate of Buonocore v. Great Socialist People's Libyan Arab Jamahiriya

United States District Court, District of Columbia

April 17, 2013

ESTATE OF JOHN BUONOCORE III, et al., Plaintiffs,
v.
GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al., Defendants. VICTOR SIMPSON, et al., Plaintiffs,
v.
GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al., Defendants

For ESTATE OF JOHN BUONOCORE III, by and through CECIL BUONOCORE, CECIL BUONOCORE, JOHN BUONOCORE, II, TODD BUONOCORE, SALVATORE FERRIGNO, ESTATE OF GRACE MALAND, by and through MARK MALAND, TIM MALAND, ESTATE OF CHARLES SHINN, by and through BEVERLY MIGNEREY, ESTATE OF JEANNE SHINN, by and through BEVERLY MIGNEREY, JEANETTE SWEIS, ESTATE OF MICHAEL SWEIS, by and through JEANETTE SWEIS, ESTATE OF AIDA SWEIS, by and through JEANETTE SWEIS, ESTATE OF ELENA TOMMARELLO, by and through BRUNO PEPENELLA, BRUNO PEPENELLA, FRANCESCO ZERILLI, NANCY GAGE, ESTATE OF DON MALAND, by and through MARK MALAND, ELLEN MALAND, JANE MALAND, MARK MALAND, ESTATE OF EINAR MALAND, by and through MARK MALAND, ESTATE of ARMANDO PEPENELLA (1:06-cv-00727-JMF), Plaintiffs: Richard D. Heideman, LEAD ATTORNEY, Tracy Reichman Kalik, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC; Steven R. Perles, LEAD ATTORNEY, PERLES LAW FIRM, P.C., Washington, DC; Floyd R Jenkins, PRO HAC VICE, MERIDIAN 361 INTERNATIONAL GROUP, PLLC, Portland, ME.

For SAYEL SWEIS, Plaintiff: Richard D. Heideman, Tracy Reichman Kalik, LEAD ATTORNEYS, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC; Floyd R Jenkins, PRO HAC VICE, MERIDIAN 361 INTERNATIONAL GROUP, PLLC, Portland, ME.

For SACID SWEIS, JULIET SWEIS, ESTATE OF NATASHA SIMPSON, VICTOR SIMPSON, DANIELLA SIMPSON, MICHAEL SIMPSON, Plaintiffs: Tracy Reichman Kalik, LEAD ATTORNEY, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC; Floyd R Jenkins, PRO HAC VICE, MERIDIAN 361 INTERNATIONAL GROUP, PLLC, Portland, ME.

For MU'AMMAR AL-QADHAFI, Supreme Leader of the Greatest Socialist People's Libyan Arab Jamahiriya, ABDALLAH AL-SANUSI, Major, Chief, Libyan Internal Security, IBRAHAIM AL-BISHARI, Chief, Libyan External Security, Defendants: Mark Andrew Johnston, Thomas J. Whalen, LEAD ATTORNEYS, ECKERT SEAMANS CHERIN & MELLOTT, LLC, Washington, DC; Wendy West Feinstein, LEAD ATTORNEY, ECKERT SEAMAN'S CHERIN & MELLOTT, LLC, Pittsburgh, PA.

For VICTOR SIMPSON, DANIELLA SIMPSON, MICHAEL SIMPSON, ESTATE OF NATASHA SIMPSON, by and through David Simpson, Esq., ESTATE OF JOHN BUONOCORE III, by and through Cecil Buonocore, CECIL BUONOCORE, JOHN BUONOCORE, II, TODD BUONOCORE, SALVATORE FERRIGNO, NANCY GAGE, ESTATE OF DON MALAND, by and through Mark Maland, ELLEN MALAND, JANE MALAND, MARK MALAND, ESTATE OF EINAR MALAND, by and through Mark Maland, ESTATE OF GRACE MALAND, by and through Mark Maland, TIM MALAND, ESTATE OF CHARLES SHINN, by and through Beverly Mignerey, ESTATE OF JEANNE SHINN, by and through Beverly Mignerey, JEANETTE SWEIS, ESTATE OF MICHAEL SWEIS, by and through Jeanette Sweis, ESTATE OF AIDA SWEIS, by and through Jeanette Sweis, SAYEL SWEIS, SAEID SWEIS, ESTATE OF ELENA TOMMARELLO, by and through Bruno Pepenella, FRANCESCO ZERILLI (1:08-cv-00529-JMF), Plaintiffs: Richard D. Heideman, LEAD ATTORNEY, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC.

For JULIET SWEIS, ARMANDO PEPENELLA, BRUNO PEPENELLA, Plaintiffs: Richard D. Heideman, LEAD ATTORNEY, Tracy Reichman Kalik, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC.

For ALL PLAINTIFFS, Plaintiff: Richard D. Heideman, LEAD ATTORNEY, Tracy Reichman Kalik, HEIDEMAN NUDELMAN & KALIK, P.C., Washington, DC; Steven R. Perles, PERLES LAW FIRM, P.C., Washington, DC.

For MU'AMMAR AL-QADHDHAFI, Supereme Leader of the Great Socialist People's Libyan Arab Jamahiriya, ABDALLAH AL-SANUSI, Major, Chief, Libyan Internal Security, Defendants: Mark Andrew Johnston, LEAD ATTORNEY, ECKERT SEAMANS CHERIN & MELLOTT, LLC, Washington, DC.

JOHN M. FACCIOLA, U.S. MAGISTRATE JUDGE.

OPINION

Page 14

THIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW [1] AND ORDER

The only remaining issue in these related cases is whether the Pepenella brothers have articulated a viable cause of action. As noted previously, the Court has subject matter jurisdiction over their claims:

With respect to the Pepenella brothers, although they were not U.S. nationals at the time of the attack, their mother, Elena Tomarello, was a naturalized U.S. citizen at the time of the incident. Therefore, because the FSIA grants this court subject matter jurisdiction over cases where either " the claimant or the victim was, at the time of the [terrorist] act" (emphasis added), a U.S. national and because Elana Tomarello was a U.S. national by virtue of being ...

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