Murphy v. Islamic Republic of Iran
2011 U.S. Dist. LEXIS 43363
| D.D.C. | 2011Background
- Plaintiffs hold a default judgment against Iran and MOIS under FSIA §1605A and seek execution.
- Court previously treated MOIS as an agency/instrumentality of Iran for FSIA purposes, affecting service.
- Court ordered service of the final judgment through diplomatic channels with a 21-day deadline.
- Plaintiffs moved to clarify/modify the order to serve Iran only, not MOIS, to pursue enforcement against Iran-related property.
- Court denies the motion to limit service to Iran and reiterates that all defendants must be served under FSIA §1608(e) and that enforcement follows §1610(c).
- Court, noting high fees for diplomatic service, grants an extension of 21 days to collect funds to pay for service, but retains the requirement of service on all defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MOIS must be served separately from Iran | Murphy argues to serve Iran only | Iran/MOIS should be treated as a single recipient via Iran | No; all defendants must be served |
| Whether the judgment may be served by serving only Iran | Service on Iran suffices to notify MOIS | MOIS must receive notice separately | No; service must be effected on all defendants under §1608(e) |
| Whether the court may allow selective enforcement against Iran-only assets | Selective enforcement against Iran assets suffices | Requires notice to MOIS as well | No; §1610(c) requires general enforceability after all have been served |
| Whether the court should modify the service order given increased fees | Fees are excessive but service is necessary | Fees are appropriate for diplomatic service | Extension granted (21 days) to collect funds; modification denied |
Key Cases Cited
- Association of Civilian Technicians, Mont. Air Chapter No. 29 v. FLRA, 22 F.3d 1150 (D.C. Cir. 1994) (mandatory notice procedures for FSIA default judgments)
- Sealift Bulkers, Inc. v. Republic of Armenia, 965 F. Supp. 81 (D.D.C. 1997) (FSIA protections against swift default judgments)
- In re Islamic Republic of Iran Terrorism Litig., 659 F. Supp. 2d 31 (D.D.C. 2009) (practical obstacles to enforcing FSIA judgments)