PUGH v. JAMAHIRIYA, 08-5387 (D.C. Cir. 2-27-2009)
Robert L. Pugh, Individually on his own behalf and as Executor of theEstates of Bonnie Barnes Pugh and Malcolm R. Pugh, et al., Appellees v.Socialist People's Libyan Arab Jamahiriya, Appellant Muammar Qadhafi,Appellee Libyan External Security Organization, also known as JamahiriyaSecurity Organization, Appellant Abdallah Senoussi, et al., AppelleesConsolidated with 08-5388.
No. 08-5387.United States Court of Appeals, District of Columbia Circuit.
Filed On: February 27, 2009.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Tatel, Brown, and Griffith, Circuit Judges.
Per Curiam.
ORDER
Upon consideration of the United States's motion to intervene as plaintiffappellee, to vacate the district court's judgment, and to dismiss this suit with prejudice,Page 2
and in the absence of any objections in the responses thereto, it is
ORDERED that the motion to intervene be granted. It is FURTHER ORDERED
that the appeal be dismissed with prejudice, and the district court's corrected judgment of February 7, 2008, which was re-entered on August 8, 2008, be vacated. Dismissal is appropriate in light of the Libyan Claims Resolution Act, Pub.L. No. 110-301, 122 Stat. 2999 (2008); the Claims Settlement Agreement Between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya; and the President's espousal in Executive Order 13477 of the terrorism-related claims of U.S. nationals against Libya. See Am. Ins. Ass'n v. Garamendi, 539 U.S. 396
(2003); Asociacion de Reclamantes v. United Mexican States, 735 F.2d 1517,1523 (D.C. Cir. 1984). Vacatur is necessary to ensure that the district court's judgment has no future legal consequence that could cause the United States to breach its obligations to Libya under the Claims Settlement Agreement Between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya. See United States v.Munsingwear, Inc., 340 U.S. 36, 41 (1950); cf. United States BancorpMtg. Co. v. Bonner Mall P'ship, 513 U.S. 18, 26 (1994) ("As always when federal courts contemplate equitable relief, our holding must also take account of the public interest."). It is
FURTHER ORDERED that the case be remanded to the district court with instructions to dismiss the complaint with prejudice.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after the resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.Page 1