United States District Court, District of Columbia
Wye Oak Technology, Inc. Plaintiff,
Republic of Iraq, et al, Defendants.
OMNIBUS OPINION ADDRESSING AH OUTSTANDING MOTIONS AS
HONORABLE ROYCE LAMBERTH UNITED STATES DISTRICT JUDGE.
the Court are the following motions and all responses and
Plaintiffs Motion to Vacate the Scheduling Order
("Motion to Vacate"). (ECF #160).
Plaintiffs Motion for a Status Conference and to Modify the
Docket. (ECF #164).
Plaintiffs Motion for an Emergency Anti-Suit Injunction and
to Quash Iraq's Summons for Lack of Appropriate Process
and Jurisdiction ("Motion to Quash"). (ECF #166).
Plaintiffs and Defendants' cross Motions for Scheduling
Orders. (ECF #185; ECF #187). For the following reasons, the
Court will GRANT the plaintiffs Motion to
Vacate, GRANT IN PART and DENY AS
MOOT IN PART the plaintiffs Motion for a Status
Conference and to Modify the Docket, DENY AS
MOOT the plaintiffs Motion to Quash,
GRANT the plaintiffs Motion for Scheduling
Order, and DENY the defendants' Motion
for Scheduling Order.
Oak's Motion to Vacate
15, 2016, the plaintiff, Wye Oak, asked this Court to vacate
the most recent scheduling order in this case (that
scheduling order may be found in ECF #141). (ECF #160). The
Court delayed ruling on this motion until Iraq could again be
represented by counsel and fully participate in this
litigation. As that time has now arrived, the Court can turn
its attention to the old scheduling order.
single deadline in that scheduling order has already passed.
The latest deadline in that earlier schedule, for the
completion of expert discovery, was November 30, 2016, more
than one year ago, yet this litigation has barely proceeded
beyond where it was when that deadline was set in 2015. It is
clear that the earlier scheduling order is now in shambles.
The defendants do not object to its being vacated. Therefore,
the Court will GRANT the Motion to Vacate.
Oak's Motion for a Status Conference and to Modify the
16, 2017, Wye Oak moved for a status conference and for the
"terminated" designation that appears in the ECF
docket of this case to be removed. (ECF #164). The Court has
already convened several status conferences since the date
this motion was filed, and so the motion for a status
conference will be DENIED AS MOOT. But the
Court sees that the ECF docket in this case still shows that
the case was terminated on 12/17/2010. Wye Oak is correct
that this designation is inaccurate and ought to be
corrected. Therefore, the Court will GRANT
the motion to modify the docket and will
order the clerk to remove the
"terminated" designation on ECF.
Oak's Motion to Quash
August 13, 2017, Barbara N. Stoffel-the widow of Dale
Stoffel, the former president of Wye Oak who was killed in
Iraq while there on business-received a "Letter of
Summons" purporting to be from the Supreme Judicial
Council of the Republic of Iraq. The letter was delivered to
Wye Oak's corporate headquarters address in Pennsylvania.
The letter informed Ms. Stoffel and Wye Oak that a court in
Baghdad was to hear "their case" on September 17,
2017, at 8:30 a.m. In response to this letter, Wye Oak filed
in this Court a motion asking that the Iraqi summons be
squashed and that this Court issue an anti-suit injunction
against Iraq. (ECF #166). The Court held a hearing on this
motion and the factual circumstances surrounding it on
September 13, 2017, and the parties have now also fully
briefed the matter.
has confirmed to the Court that (1) the Letter of Summons was
officially withdrawn, (2) the September 17, 2017, court
hearing in Baghdad was cancelled, and (3) Iraq is once again
fully participating in litigation before this Court. (ECF
#184 at 4-5). In light of this, the Court will
DENY AS MOOT Wye Oak's
motion to quash as there is no longer anything to quash. The
Court will also DENY the motion for an anti-suit injunction
because there is no present indication that there is any case
regarding this matter before an Iraqi court nor any
indication that Iraq intends to ...