Plaintiffs in this civil action are the surviving husband and children of Rozana Sisso, a sixty-three-year-old woman who was killed in a terrorist bus bombing in Tel Aviv, Israel, on September 19, 2002. Defendants are the Islamic Republic of Iran, the Iranian Ministry of Information and Security (“MOIS”), and Harakat al-Muqawama al-Islamiyya, the jihadist Palestinian militia more commonly known as Hamas (hereinafter “Hamas”). The complaint alleges that each defendant was complicit in the bombing — a brazen, midday suicide attack purportedly carried out by three individuals at the behest of Ha-mas and with substantial support from agents of the government of Iran — and that each therefore is liable to plaintiffs for damages. Plaintiffs advance claims under New Jersey tort law; the Antiterrorism Act of 1991 (“ATA”), 18 U.S.C. § 2333(a); and the Israeli Civil Wrongs Ordinance (“ICWO”). Now before the Court is plaintiffs’ motion for entry of default against defendants, who thus far have failed to appear to defend against this action. For the reasons that follow, the Court will grant plaintiffs’ motion with respect to all claims still pending, except those brought against Hamas under the ICWO; dismiss without prejudice the ICWO claims against Hamas; and instruct the Clerk to record the defaults of each defendant on the remaining claims.
BACKGROUND
At approximately 1:00 p.m. on September 19, 2002, Rozana Sisso was standing on a street corner in downtown Tel Aviv, across the road from the city’s Great Synagogue, when an alleged Hamas operative named Iyad Na'im Tubhi (a/k/a Iyad Ra-dad) boarded a nearby public bus and detonated a bomb that he had been carrying. Am. Compl. ¶¶ 12-16. Mrs. Sisso, who owned a clothing store near the site of the bombing, was on her way to lunch at the time. Id. at ¶¶ 13-14. She was one of six people killed by the explosion, which lifted the bus off the ground, blew apart its roof, shattered its windows, and scattered debris and body parts on the street and sidewalk. Id. at ¶ 12. Another sixty people were injured as a result of the bombing. Id.
Rozana Sisso was survived by her husband, Charles Sisso, and her four children, Tobi Barda, Galit Sider, Avraham Sisso, and Moshe Sisso. Id. at ¶ 15. Within the Sisso family, only Avraham Sisso is a citizen of the United States — a fact that is of some consequence to the claims advanced here. The others are Israeli citizens. 1 Nearly two and a half years after Rozana Sisso’s murder, plaintiffs initiated this civil action against Iran, MOIS, and Hamas. The complaint, as amended, asserts that defendants are vicariously liable for the damages caused by this terrorist act (specifically, the emotional anguish and loss of support that Rozana Sisso’s murder caused her immediate family) because the bombing was carried out by Hamas members and those individuals were “acting with the material support, resources, and sponsorship of Iran, through its agent the MOIS, acting within the scope of its agency, office, and employment.” Id. at ¶ 28. 2
In compliance with that order, plaintiffs filed a five-count amended complaint on March 31, 2006, along with the motion for entry of default that is the subject of this opinion. The amended complaint asserted the following five claims: (1) a claim by Avraham Sisso against the Iran defendants for intentional infliction of emotional distress, based on the law of New Jersey, the state where he was domiciled at the time of his mother’s murder; (2) a claim for treble damages by Avraham Sisso against Hamas, pursuant to the ATA; (3) a claim by Avraham Sisso, as the legal representative of the Estate of Rozana Sisso, against all defendants for assault under Section 23 of the ICWO; (4) a claim by Avraham Sisso, as the legal representative of the Estate of Rozana Sisso and on behalf of decedent’s spouse and dependents, against all defendants for survivors’ damages under Section 78 of the ICWO; and (5) individual claims by each of Rozana Sisso’s children and her husband against Hamas for survivors’ damages under Section 78 of the ICWO. See Am. Compl. ¶¶ 34-70. Following an inquiry from the Court about the legal status of the Estate of Rozana Sisso, plaintiffs acknowledged that Avraham Sisso lacked the requisite authorization to act on behalf of his mother’s estate and voluntarily dismissed the third and fourth counts of the amended complaint — thereby leaving only (1) Avra-ham Sisso’s personal claim against Iran and MOIS under New Jersey law; (2) Avraham Sisso’s personal ATA claim against Hamas; and (3) the ICWO Section 78 claims brought by Rozana Sisso’s children and husband against Hamas. See Pis.’ Resp. to Order to Show Cause at 3. 4
STANDARD OF REVIEW
As a court of limited jurisdiction, a federal district court has an “affirmative
ANALYSIS
I. Jurisdiction over the Iran Defendants and the Claim Against Them
Before any civil action against a foreign state may proceed in a U.S. court, plaintiffs must overcome the jurisdictional protections of the Foreign Sovereign Immunities Act (“FSIA”).
See
28 U.S.C. § 1330;
Argentine Republic v. Amerada Hess Shipping Corp.,
The FSIA establishes the requirements for proper service upon a foreign state or a political subdivision, agency, or instrumentality of a foreign state.
See
Fed. R.Civ.P. 4(j)(l). Section 1608 of the FSIA prescribes four methods for serving legal process, in descending order of preference — meaning that a plaintiff must attempt service by the first method (or determine that it is unavailable) before proceeding to the second method, and so on.
See
28 U.S.C. § 1608(a). The preferred method of service is delivery of the summons and complaint “in accordance with any special arrangement for service between the plaintiff and the foreign state.” 28 U.S.C. § 1608(a)(1). If, however, no such arrangement exists, then the statute permits delivery of the summons and complaint “in accordance with an applicable international convention on service of judicial documents.” 28 U.S.C. § 1608(a)(2). If neither of the foregoing methods is available, then the plaintiff may send the summons, complaint, and a notice of suit (together with a translation of each into the official language of the foreign state) “by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned.” 28 U.S.C. § 1608(a)(3). Finally, if mailed service cannot be accomplished within thirty days, then the statute permits the plaintiff to request that the clerk of the court dispatch two copies of the summons, complaint, and notice of suit (together with a translation of each into the foreign state’s official language) to the Secretary of State, who then “shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.” 28 U.S.C. § 1608(a)(4). “Strict adherence to the terms of 1608(a) is required” in this Circuit.
Transaero, Inc. v. La Fuerza Aerea Boliviana,
Because plaintiffs had no “special arrangement” for service with Iran and because Iran is not party to an “international convention on service of judicial documents,” the-preferred method of service is provided by section 1608(a)(3) — that is, any form of mail requiring a signed receipt. In accordance with this statutory requirement, plaintiffs attempted service by certified mail, but the package was never delivered because the Iranian Ministry of Foreign Affairs would not sign the return receipt. Pis.’ Mem. in Supp. of Mot. for Entry of Default at 3 (citing affidavit of Karen Kizer and attached exhibits). After having waited more than thirty days for confirmation of mail delivery, plaintiffs pursued service by diplomatic means, pursuant to section 1608(a)(4) and consistent with State Department procedures for accomplishing such service on Iran, a country with which the United States has no official relations. Id. at 3-4. On October 28, 2005, the Clerk of the Court dispatched copies of the summons, complaint, and notice of suit — all translated into Farsi, the official language of Iran — to the State Department, which, in turn, transmitted the documents to the Foreign Interests Section of the Embassy of Switzerland in Tehran, Iran. Id. The Swiss embassy delivered the documents to the Iranian Ministry of Foreign Affairs, under cover of diplomatic notes, on December 12, 2005, and the State Department filed proof of such service with the Court on January 18, 2006. See Docket Entry No. 6. In short, plaintiffs have done all that is required of them under section 1608 to effectuate service on Iran and MOIS.
Because plaintiffs have established proper service of process on the Iran defendants, sovereign immunity is the only remaining jurisdictional obstacle that might prevent the Court from proceeding to entertain a motion for judgment by default (i.e., to consider the merits of the claim, see 28 U.S.C. § 1608(e)). For the reasons that follow, the Court concludes that the alleged conduct of Iran and MOIS, if proven, would forfeit any entitlement to sovereign immunity that they otherwise would have with regard to Avraham Sisso’s emotional-distress claim.
As explained above, for this Court to have jurisdiction over the Iran defendants and the claim against them, the claim must fall within one of the exceptions to sovereign immunity enumerated in section 1605 of the FSIA. 10 Plaintiffs contend that section 1605(a)(7) is applicable to Avraham Sisso’s claim against Iran and MOIS for intentional infliction of emotional distress. Enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, section 1605(a)(7) of the FSIA removes the immunity of foreign states (as well as their agents and instrumentalities) in any civil action in which
money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources ... for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency....
28 U.S.C. § 1605(a)(7). The statute, however, further provides that
the court shall decline to hear a claim under this paragraph ... if the foreign state was not designated as a state sponsor of terrorism ... at the time the act occurred, unless later so designated as aresult of such act ... [or,] even if the foreign state is or was so designated, if ... the act occurred in the foreign state against which the claim has been brought and the claimant has not afforded the foreign state a reasonable opportunity to arbitrate the claim ... [or] neither the claimant nor the victim was a national of the United States ... when the act upon which the claim is based occurred.
Id. (emphasis supplied).
The requirements for applying section 1605(a)(7) certainly are satisfied here. Starting first with the provisions of the declination clause, the Court sees no basis for declining to exercise jurisdiction over Avraham Sisso’s claim against Iran and MOIS. Iran was a designated state sponsor of terrorism at the time of Rozana Sisso’s murder; 11 the bus bombing did not occur within Iran’s territory, so there was no need for plaintiffs to afford Iran an opportunity for arbitration; and Avraham Sisso fulfills the requirement that either the claimant or the victim be a United States national at the time when the act upon which the claim is based occurred, see Am. Compl. at ¶ 4.
Turning next to the question whether the acts attributed to Iran and MOIS by the amended complaint, if proven, would satisfy the requirements for lifting sovereign immunity, the Court finds the allegations to be sufficient. For starters, Avraham Sisso’s claim against Iran and MOIS for intentional infliction of emotional distress plainly qualifies as a claim that seeks money damages for personal injury. Furthermore, the amended complaint alleges that Avraham Sisso’s injury was caused by the provision of material support or resources for an act extrajudicial killing. It is clear that Rozana Sisso and the other victims of the Tel Aviv bus bombing were deliberately targeted for death and that such deaths were “not authorized by a previous judgment pronounced by a regularly constituted court affording all judicial guarantees,” thus qualifying the bombing as an act of “extrajudicial killing,” as defined by the Torture Victim Protections Act (“TVPA”), 28 U.S.C. § 1350 note, which is incorporated by reference in the FSIA.
See
28 U.S.C. § 1605(e). Just as clearly, the amended complaint alleges that Iran provided “material support or resources” for acts of extrajudicial killing by supplying “terrorist training ... to [Hamas] through ... the MOIS” as well as “tens of millions of dollars in financial support” to the Hamas terrorist network.
See
Am. Compl. ¶ 21;
see also
U.S. Department of State, Office of the Coordinator for Counterterrorism,
Country Reports on Terrorism
(Apr. 27, 2005),
at
http://www.state.gOv/s/ct/rls/ 45394.htm (describing Hamas as “[r]e-ceiv[ing] some funding from Iran”).
12
Given that plaintiffs have properly served the foreign-sovereign defendants, that those defendants have failed to respond, and that there is no evident deficiency in the amended complaint with regard to personal jurisdiction or subject-matter jurisdiction (in light of the FSIA’s revocation of sovereign immunity for foreign governments who sponsor acts of terrorism against U.S. citizens), the Court will direct the Clerk to enter defaults in this civil action against defendants Iran and MOIS, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.
II. Personal Jurisdiction over Hamas
Having determined that the Court possesses both subject-matter jurisdiction and personal jurisdiction over the claim against Iran and MOIS, the Court must next consider whether it has personal jurisdiction over defendant Hamas for the claims lodged against it.
14
If it does, the Court must grant plaintiffs’ motion for entry of default against Hamas. As the following discussion demonstrates, all of the prerequisites for the Court to obtain personal jurisdiction over Hamas are satisfied here. Notwithstanding that determination, however, the Court concludes that the claims against Hamas
under Israeli law
may not proceed because Hamas lacks the capacity to be sued under the law of the District of Columbia.
See
Fed.R.Civ.P. 17(b). Con
A. Personal Jurisdiction over Hamas for ATA Claim
The need to establish personal jurisdiction in federal court is rooted in the Fifth Amendment’s guarantee of due process.
See Omni Capital Int’l, Ltd. v. Rudolf Wolff & Co.,
For purposes of determining specific jurisdiction over an absent defendant, the law demands only that the plaintiff make a
prima facie
showing of the grounds for exercising personal jurisdiction.
See Mwani,
Plaintiffs here point the Court to the long-arm provision of Rule 4(k)(2) of the Federal Rules of Civil Procedure. It provides:
If the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons ... is also effective, with respect to claims arising under federal law, to establish" personal jurisdiction over the person of any defendant who is not subject to the jurisdiction of the courts of general jurisdiction of any state.
Fed.R.Civ.P. 4(k)(2). As the D.C. Circuit has summarized, Rule 4(k)(2) “permits a federal court to exercise personal jurisdiction over a defendant (1) for a claim arising under federal law, (2) where a summons has been served, (3) if the defendant
1. Service of Hamas
Plaintiffs contend that Hamas should be treated as a foreign unincorporated association for purposes of determining the sufficiency of service. “An unincorporated association is defined as a body of persons acting together and using certain methods for prosecuting a special purpose or common enterprise.”
Estates of Ungar,
Based on the foregoing, the Court concludes that plaintiffs have, in fact, served Hamas by “internationally agreed means reasonably calculated to give notice,” as required by the Federal Rules of Civil Procedure, see Fed.R.Civ.P. 4(f)(1), and thus have satisfied the service requirement of Rule 4(k)(2).
2. Availability of State Court Jurisdiction
As the D.C. Circuit observed in
Mwani,
“[d]etermining whether a defendant is sub
S. Constitutional Requirements
The D.C. Circuit’s opinion in Mwani succinctly describes the due — process inquiry that the Court must conduct in situations such as this-where a plaintiff invokes Rule 4(k)(2) in an attempt to establish specific jurisdiction over a foreign party who, although properly served with notice of the action, neither consents to suit in the United States nor can be found here:
Whether the exercise of jurisdiction is “consistent with the Constitution” for purposes of Rule 4(k)(2) depends on whether [the] defendant has sufficient contacts with the United States as a whole to justify the exercise of personal jurisdiction under the Due Process Clause of the Fifth Amendment. The Clause “protects an individual’s liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations,’ ” and “requir[es] that individuals have ‘fair warning that a particular activity may subject [them] to the jurisdiction of a foreign sovereign!.]’ ” Where a forum seeks to assert specific jurisdiction over an out-of-state defendant who has not consented to suit there, this “fair warning” requirement is satisfied if the defendant has “purposefully directed” his activities at residents of the forum, and the litigation results from alleged injuries that “arise out of or relate to” those activities!.]
Mwani
This Court has no difficulty concluding that the conduct plaintiffs attribute to Hamas, if proven, was calculated to cause injury to U.S. citizens (among others) and, predictably, did just that. As Judge Cassell of the District of Utah recently wrote, “[terrorism cases provide textbook examples of ‘unabashedly malignant actions’ aimed at the United States whose effects
Furthermore, the effects of the September 19, 2002, Tel Aviv bombing by no means represent an isolated contact between Hamas and the United States. The Court takes judicial notice of the findings of other federal courts in reaching the conclusion that Hamas has sufficient financial and operational contacts with the United States as a whole to support personal jurisdiction under Rule 4(k)(2) for claims brought by victims of terrorism.
See Estates of Ungar,
In light of the Court’s conclusions that Rule 4(k)(2) provides a basis for Hamas’s “amenability to service of summons” for the ATA claim, and that the requirements of that Rule — including evidence of proper service and “a constitutionally sufficient relationship between the defendant and the forum” — have been met here, the Court may exercise personal jurisdiction over Hamas for purposes of the ATA claim. Furthermore, because Hamas has not responded to the duly served complaint within the time prescribed by Rule 12(a) of the Federal Rules of Civil Procedure, the Court will direct the Clerk to enter Hamas’s default in this civil action on the ATA claim. See Fed.R.Civ.P. 55(a).
B. Personal Jurisdiction over Hamas for Claims under Israeli Law
With respect to plaintiffs’ Israeli-law (ICWO) claims against Hamas, Rule 4(k)(2) is unavailable as a means of establishing personal jurisdiction over Hamas because, by its clear terms, Rule 4(k)(2) applies only to “claims arising under federal law.” Fed.R.Civ.P. 4(k)(2). Nor may plaintiffs resort to the District of Columbia long-arm statute because, as they have conceded by invoking Rule 4(k)(2) for the ATA claim, Hamas “is not subject to the jurisdiction of the courts of general jurisdiction of any state” or the District of Columbia.
See id.
Nevertheless, the unavailability of these long-arm provisions is not fatal to plaintiffs’ attempt to bring the Israeli-law claims here. That is because the D.C. Circuit has adopted the doctrine of “pendent personal jurisdiction,” whereby a court may assert personal jurisdiction over a defendant “with respect to a claim for which there is no independent basis of personal jurisdiction so long as it arises out of a common nucleus of operative facts
The Court, however, need not decide whether it would exercise its discretionary jurisdiction over Hamas as to plaintiffs’ Israeli-law claims because, notwithstanding the availability of pendent personal jurisdiction, the Court also must take account of the related issue of Hamas’s capacity to be sued. Here, the Court finds such capacity to be lacking with respect to the ICWO claims because a suit against an unincorporated association to enforce a right arising under the law of a foreign state is not cognizable in this Court. See Fed.R.Civ.P. 17(b).
Unlike the claim by Avraham Sisso against Hamas under the ATA, the Israeli-law claims do not fall within the exception of Rule 17(b) that permits “a partnership or unincorporated association ... [to] be sued in its common name for the purpose of enforcing ... against it
a substantive right existing under the Constitution or laws of the United States,”
because the ICWO causes of action do not arise out of the Constitution or federal law.
See id.
(emphasis supplied). Rather, they are based solely in Israeli law. Hence, the default provision of Rule 17(b) applies to those claims, and Hamas’s “capacity to ... be sued shall be determined by the law of the state in which the district court is held.”
See id.; see also Klinghoffer v. S.N.C. Achille Lauro,
In this case, the applicable law for determining party capacity is that of the District of Columbia,
cf. The Plan Comm. v. PricewaterhouseCoopers, LLP,
CONCLUSION
For the foregoing reasons, and upon consideration of the entire record, the Court will dismiss plaintiffs’ Israeli-law claims against Hamas and instruct the Clerk to record the defaults of each defendant as to the remaining claims. A separate order has been issued herewith.
ORDER
Upon consideration of [10] plaintiffs’ motion for entry of default and the entire record, and for the reasons stated in the memorandum opinion issued herewith, it is this 23rd day of August, 2006, hereby
ORDERED that the motion is GRANTED IN PART and DENIED IN PART; it is further
ORDERED that the Clerk of the Court shall enter defaults against defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, as to Count One of the Amended Complaint; it is further
ORDERED that the Clerk of the Court shall enter default against defendant Hara-kat al-Muqawama al-Islamiyya (“Hamas”), pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, as to Count Two of the Amended Complaint; it is further
ORDERED that Counts Three and Four of the Amended Complaint are DISMISSED without prejudice in light of [17] plaintiffs’ notice of voluntary dismissal; it is further
ORDERED that Count Five of the Amended Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted; and it is further
ORDERED that plaintiffs shall appear for a status conference with the Court at 9:00 a.m. on September 18, 2006.
Notes
. The complaint asserts that both Rozana Sis-so and her husband were citizens and residents of Israel, although they had “permanent resident” status in the United States (in common parlance, they held "Green Cards”). See Am. Compl. ¶¶ 4-5.
. To the extent that plaintiffs will have to prove the merits of their claims before they can obtain a default
judgment
against some defendants, the evidence they present will have to provide support for a particular theory of vicarious liability (e.g., agency, civil con
. Although the entry of default (as opposed to the issuance of a default judgment) normally is a ministerial task for the Clerk of the Court, see Fed.R.Civ.P. 55(a), the Court directed plaintiffs to seek entry of default by motion because of the complexities associated with service of process in civil actions against foreign sovereigns and the fact that proper service is a prerequisite for the Court to obtain personal jurisdiction over a foreign state, see 28 U.S.C. § 1330(b).
. Because of this voluntary dismissal, the Court need not decide whether an estate may maintain a civil action against a foreign sovereign pursuant to 28 U.S.C. § 1605(a)(7), notwithstanding the decedent's status as a foreign national, when the estate’s legal representative is a U.S. citizen and all other jurisdictional requirements are met.
. Although a defendant is entitled to challenge the
factual
underpinnings of subject-matter or personal jurisdiction,
see, e.g., Phoenix Consulting, Inc. v. Republic of Angola,
. For jurisdictional purposes, Iran and MOIS are treated identically — as the state itself.
See Dammarell v. Islamic Republic of Iran,
. The Constitution's due process clause imposes no limitation on a court's exercise of personal jurisdiction over a foreign state because a foreign state is not a “person” within the meaning of the Fifth Amendment.
See Pnce,
. In addition to establishing subject-matter jurisdiction and personal jurisdiction, a plaintiff is obligated to "institute the action in a permissible forum,” based on applicable venue statutes.
Freeman v. Fallin,
.It is important to keep in mind that the Court’s conclusion at this point is only that the allegations of the complaint, if proven, are legally sufficient to support jurisdiction. In that sense, the jurisdictional finding is provisional. It is possible that, in making factual findings on the merits of the claim against Iran and MOIS, as required under the FSIA prior to entry of a default judgment, the Court's legal conclusion regarding jurisdiction may change — for example, if the evidence fails to support (or contradicts) a fact that is essential to jurisdiction.
. Although the “restrictive view of sovereign immunity reflected in the FSIA” places on the
defendant
the “burden of proving that the plaintiff's allegations do not bring its case within a statutory exception to immunity,”
Phoenix Consulting, Inc.,
. On January 19, 1984, President Reagan designated Iran as a state sponsor of terrorism in response to its role in a number of terrorist acts in Lebanon, including the April 18, 1983, bombing of the United States Embassy in Beirut.
Dammarell v. Islamic Republic of Iran,
. Section 1605(a)(7) adopts the meaning of "material support or resources” in 18 U.S.C. § 2339A, which defines “material support or resources” as
any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel ..., and transportation, except medicine or religious materials.
18 U.S.C. § 2339A(b). Although this Court has held that allegations of material support
. The apparent rationale for the
jurisdictional
causation requirement — ameliorating concerns that a foreign sovereign will be put to the inconvenience of mounting a merits defense against a claim that is based on the attenuated effects of its actions' — is inapplicable where, as here, the foreign-state defendant has not appeared. Furthermore, because causation is a substantive element of any tort claim and 28 U.S.C. § 1608(e) requires that the “claimant establish[ ] his claim or right to relief by evidence satisfactory to the court,” there is little risk that a defaulting foreign state will end up being held liable for overly remote consequences.
See Kilburn,
. There is no doubt that the Court has jurisdiction over the subject matter of plaintiffs’ claims against Hamas. The claim against Hamas under the ATA falls within this Court's original "federal question” jurisdiction, 28 U.S.C. § 1331, and the claims against Hamas under Israeli law satisfy the requirements for this Court’s exercise of supplemental jurisdiction, under 28 U.S.C. § 1367, because they arise out of the same core of operative facts as the federal-law cause of action. Furthermore, there is no venue concern with respect to the claims against Hamas, because “[a]n alien may be sued in any district,” 28 U.S.C. § 1391(d), and, in any event, as noted above, properly served defendants who fail to appear waive any objections to venue.
. Indeed, the recent advent of Hamas as the leading political party in the Palestinian Authority bolsters this conclusion.
.
Compare Estates of Ungar,
. Although fidelity to the plain language of Rule 17(b) may encourage forum shopping among federal districts in some limited circumstances, it nonetheless discourages forum shopping between state and federal courts.
