Etrak İnşaat Taahhüt Ve Ticaret Anonim Şirketi v. State of Libya

Summary

The United States District Court for the District of Columbia granted Etrak İnşaat Taahhüt Ve Ticaret Anonim Şirketi’s motion for an order under 28 U.S.C. § 1610(c). The court found that a reasonable period had elapsed after entry of a $30,128,994.40 judgment against Libya and that no additional notice under 28 U.S.C. § 1608(e) was required because Libya had appeared and defended the action. Etrak was therefore permitted to seek attachment or execution of Libya’s property under the Foreign Sovereign Immunities Act.

Holdings

1. More than nine months had elapsed after entry of judgment, and Libya's failure to pay, failure to respond to post-judgment discovery, and other conduct indicated evasion; therefore, a reasonable period of time had elapsed under § 1610(c).
2. Section 1608(e)'s notice requirement for default judgments did not apply because Libya had appeared, answered, defended the action, and the judgment was not a default judgment.

Questions Presented

1. Whether more than nine months without payment, coupled with Libya's failure to respond to post-judgment discovery and other conduct, constituted a reasonable period of time under 28 U.S.C. § 1610(c).
2. Whether the notice requirement in 28 U.S.C. § 1608(e) applied to Etrak's enforcement of a nondefault judgment against Libya.

Disposition

other