MEMORANDUM OPINION
COLLEEN KOLLAR-KOTELLY, United States District Judge.
This case arises from the deaths of three Americans — Laurence Michael Foley, Sr., Keith Matthew Maupin and Kristian Menchaca — in Iraq and Jordan between 2002 and 2006. Plaintiffs — the estates and family members of the deceased — allege that all three were killed by a terrorist organization led by Abu Mus'ab al-Zarqawi (the "Zarqawi Terrorist Organization"). Proceeding under the Foreign Sovereign Immunities Act ("FSIA"), Plaintiffs allege that Defendants Syrian Arab Republic ("Syria"), Syrian Military Intelligence, Syrian President Bashar al-Assad and Syrian General Asif Shawkat, provided material support and resources to the Zarqawi Terrorist Organization and accordingly should be held liable for these deaths. The Court agrees.
Defendants have not answered or otherwise participated in this litigation, with the exception of filing an opposition to a motion filed by Plaintiffs regarding the sufficiency of service. The case accordingly proceeded in a default setting. The Court held a liability hearing on November 16 and 17, 2016. In a previous Memorandum Opinion and Order, the Court determined that Plaintiffs had established their claims by evidence satisfactory to the Court, and accordingly granted default judgment against Defendants as to liability. The Court's findings of fact and conclusions of law in that Memorandum Opinion and Order are incorporated into this Memorandum Opinion as though stated in full. The Court referred the issue of damages to a Special Master.
Upon consideration of the pleadings,
I. BACKGROUND
Plaintiffs filed this lawsuit on April 8, 2011. Compl., ECF No. 1. An Amended Complaint was filed on September 13, 2011. Am. Compl., ECF No. 11. Plaintiffs then struggled for years to effectuate service because of the civil war in Syria and the attendant breakdown in diplomatic relations
The Court held a liability hearing on November 16 and 17, 2016, at which Plaintiffs offered documentary, photographic and video evidence, and presented the testimony of fact and expert witnesses. This hearing was limited to Defendants' liability — Plaintiffs were not required to present evidence of damages. At the close of the hearing Plaintiffs filed Proposed Findings of Fact and Conclusions of Law. ECF No. 71.
In a previous Memorandum Opinion and Order, the Court granted Plaintiffs' motion for default judgment against each Defendant as to liability. ECF Nos. 75, 76. The Court then appointed Alan Balaran as a Special Master to administer damages proceedings. ECF No. 75 at 1. The Court ordered Mr. Balaran to file a damages report for each Plaintiff. Id. at 2. The Court further ordered that any party could file an objection to Mr. Balaran's reports within 21 days of the filing on the public docket. Id. The Court further ordered that failure to meet this deadline would result in permanent waiver of objections to Mr. Balaran's findings, and that absent objection, Mr. Balaran's findings, reports and recommendations would be deemed approved, accepted and ordered by the Court, unless the Court provided otherwise. Id.
Special Master Balaran reviewed the record in this case upon which the Court based its liability findings, and also received additional evidence. On October 6, 2017, Special Master Balaran filed three reports: one regarding the death of Laurence Michael Foley, Sr., one regarding the death of Staff Sergeant Keith Matthew Maupin, and one regarding the death of Private First Class Kristian Menchaca. ECF Nos. 81, 82, 83. The recommendations of the Special Master are summarized below:
Plaintiffs filed timely objections to Special Master Balaran's reports. Plaintiffs objected that the Special Master erred in the following ways:
Defendants filed no objections. On November 9, 2017, the Court ordered Special Master Balaran to consider Plaintiffs' objections and file a response to them. Mr. Balaran has now done so.
II. DISCUSSION
The Court has already entered judgment in Plaintiffs' favor on liability. All that remains to determine is Plaintiffs' entitlement to damages. The Court referred that issue to the Special Master, who has filed detailed reports recommending damages awards. The Court will adopt and affirm Special Master Balaran's damages reports in all respects but one.
As an initial matter, in accordance with the Court's April 13, 2017 Order, ECF No. 75, all aspects of Mr. Balaran's reports about which no objections were filed are adopted and will be ordered. Next, with respect to Plaintiffs' objections to various aspects of those reports, the Court sustains Plaintiffs' objection to the award recommended by the Special Master for Virginia Foley. The Special Master concedes that this aspect of his recommendations was erroneous. However, the Court overrules
A. Status of Virginia Foley
Plaintiffs argue that the Special Master erred by recommending a solatium award for Plaintiff Virginia Foley as though she were a parent of Laurence Foley Sr., when in fact she was his wife. The Special Master recommended awarding Mrs. Foley a $6.25 million solatium award, which represented the $5 million award generally granted to parents of a deceased child, Estate of Heiser v. Islamic Republic of Iran, 466 F.Supp.2d 229, 269 (D.D.C. 2006), plus a 25% enhancement for the particular circumstances surrounding Mr. Foley's death. The court in Heiser noted that spouses of the deceased are often granted awards in the $8 to $12 million range. Id. Plaintiffs argue that Mrs. Foley's award should accordingly be increased to $15 million, representing a baseline award of $12 million, plus the 25% enhancement the Special Master already found warranted.
The Special Master concurs that the use of a $5 million baseline was an error, and has filed a supplemental report recommending that a $10 million baseline be used, and that Mrs. Foley be granted $12.5 million after the 25% enhancement is applied on account of the particular circumstances surrounding her husband's death.
The Court agrees that the Special Master erred by treating Mrs. Foley as Mr. Foley's parent, as opposed to his wife. The Court also finds no error in the Special Master's recommendation that Mrs. Foley be awarded solatium damages of $12.5 million. The Court will order that she be awarded that amount of solatium damages.
B. Import of Gates v. Syrian Arab Republic
Next, Plaintiffs object to the Special Master's calculation of pain and suffering damages awarded to the estates of Plaintiffs Menchaca and Maupin. The basis of Plaintiffs' objection is that the awards are smaller than the awards granted in a similar case, Gates v. Syrian Arab Republic, 580 F.Supp.2d 53 (D.D.C. 2008). In Gates, two American contractors were kidnapped and beheaded by the Zarqawi Terrorist Organization. Plaintiffs in that case received pain and suffering awards of $50,000,000. In this case, Plaintiff Menchaca was subjected to various blunt force injuries, strangulation, and the removal of his eyes and tongue before his death. The Special Master awarded his estate $30,000,000. The facts surrounding Plaintiff Maupin's death are less certain, but the Court has determined that he was subjected to mental and physical torture before being murdered by means involving the application of "significant force" to his jaw. The Special Master awarded his estate $10,000,000. Plaintiffs argue that the pain and suffering awards to Menchaca and Maupin's estates should both be increased to $50,000,000 to match that of the Plaintiffs in Gates.
Plaintiffs' objection has no merit. The Special Master carefully considered the facts, expert testimony and legal precedents in this case and came to conclusions about the damages to which each Plaintiff is warranted. There is no reason why the Plaintiffs in this case must receive the precise amount received by the Plaintiffs in Gates. Plaintiffs' suggestion that Gates is the only helpful precedent is simply not
C. Inflation
Plaintiffs also claim that the Special Master erred by failing to grant Plaintiffs' request to adjust the recommended damage awards upward to account for inflation. Plaintiffs claim that the Special Master based the amount of the awards he recommended on awards granted in other cases that are from a number of years ago. Plaintiffs argue that due to the effect of inflation, it is unfair to "mechanistically" apply the award amounts from these older cases to this case.
The Court overrules this objection to the Special Master's report. This objection is based on the assumption that the Special Master automatically applied the amount of damages given in past cases to this case, without considering how much Plaintiffs were entitled to in present-value currency. There is no basis for that assumption in the Special Master's reports or his recommended awards. Indeed, the Special Master specifically noted in his reports that he was not attempting to merely match prior awards, but was instead recommending awards based on "the unique circumstances in this case." ECF No. 81 at 37. The Special Master appears to have carefully crafted the awards in this case, and the Court agrees that they are appropriate as recommended. Plaintiffs' objection regarding inflation is rejected.
D. Prejudgment Interest
Finally, Plaintiffs claim that the Special Master erred by declining to grant them prejudgment interest. The Special Master denied Plaintiffs' request for prejudgment interest because Plaintiffs did not specify such interest as a form of relief they sought in their complaint. Plaintiffs argue that they implicitly requested such interest by demanding "pecuniary losses."
The Court overrules this objection as well. "A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings." Fed. R. Civ. P. 54(c). Plaintiffs did not request prejudgment interest in their complaint, and accordingly the Special Master was correct to conclude that they cannot recover such interest as part of a default judgment. See Gill v. Islamic Republic of Iran, 249 F.Supp.3d 88, 103 n.7 (D.D.C. 2017) (refusing to grant plaintiff prejudgment interest in FSIA case where it was not requested in the complaint); Cohen v. Islamic Republic of Iran, No. 12-CV-01496 (CRC), 268 F.Supp.3d 19, 27 n.2, 2017 WL 3207693, at *3 n.2 (D.D.C. July 27, 2017) (refusing to grant plaintiffs prejudgment interest in FSIA case where it was not
III. CONCLUSION
For the foregoing reasons, the Court adopts and affirms the Special Master's damages reports, including their conclusions and analysis, in all respects but one. With the exception of the alteration to the solatium award to Virginia Foley as discussed above, the Court will order that Plaintiffs be granted damage awards in the amounts specified by the Special Master. Default judgment having now been entered for Plaintiffs, this case will be dismissed. An appropriate order accompanies this Memorandum Opinion.
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