DAVIS et al v. ISLAMIC REPUBLIC OF IRAN et alMOTION to Amend/Correct File 2nd Amended ComplaintD.D.C.March 26, 2008UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CAROLYN DAVIS, ET AL Plaintiff, v. Civil No. 07-01302 (RCL) THE ISLAMIC REPUBLIC OF IRAN Defendants. MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Plaintiff, Carolyn Davis, et al., by Counsel, herewith moves the Court pursuant to Federal Civil Rule 15 that the Court grant leave to file a Second Amended Complaint. WHEREFORE, Plaintiff prays that the Court enter an Order as follows: (a) That leave be and it is granted to the Plaintiff to file the Amended Complaint filed with the Motion For Leave To File Amended Complaint; (b) That the Amended Complaint is deemed filed as of the date of the Order Granting Leave. Case 1:07-cv-01302-RCL Document 5 Filed 03/26/2008 Page 1 of 2 2 Date:_3-26-2008 FAY LAW, PA /s/Thomas Fortune Fay_____________ Thomas Fortune Fay Law Office of Thomas Fortune Fay, P.A. 700 Fifth Street, NW #200 Washington, DC 20001 202/589-1300 Attorney For Plaintiff /s/Caragh Glenn Fay_______________ Caragh G. Fay Law Office of Thomas Fortune Fay, P.A. 9 North Adam Street Rockville, MD 2 202/589-1300 Attorney for Plaintiff Case 1:07-cv-01302-RCL Document 5 Filed 03/26/2008 Page 2 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CAROLYN DAVIS, ET AL Plaintiff, v. Civil No. 07-01302 (RCL) THE ISLAMIC REPUBLIC OF IRAN Defendants ORDER The Court having considered the Motion For Leave To File Second Amended Complaint, and the Memorandum Of Defendants In Opposition, it is, by the Court this 26th day of March, 2008 ORDERED, that leave be and it is hereby granted to the Plaintiff to file the Amended Complaint filed with the Motion For Leave To File The Second Amended Complaint, and it is further ORDERED, that the Amended Complaint is deemed filed as of the date of this Order Granting leave to file. _________________________________ Royce C. Lamberth United States District Judge Case 1:07-cv-01302-RCL Document 5-2 Filed 03/26/2008 Page 1 of 2 COPIES TO: FAY LAW, PA Thomas Fortune Fay Caragh Glenn Fay 700 Fifth Street, NW #200 Washington, DC 20001 202/589-1300 Attorneys For Plaintiffs Case 1:07-cv-01302-RCL Document 5-2 Filed 03/26/2008 Page 2 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CAROLYN DAVIS, Individually And As Personal Representative Of The Estate Of Andrew Davis (Deceased) 4824 Battaglia Blvd. St. Cloud, FL 34769 JENNIFER DAVIS 17 Pine Hill Drive Bath, Maine 04530 CHARLES E. BAILEY and VINA S. BAILEY Individually And As Personal Representative Of The Estate Of C. Keith Bailey 201 Morris Drive Salisbury, MD 21804 KAREN L. COOPER 4475 Eastwicke Drive Salisbury, MD 21804 SHIRLEY DOUGLASS MILLER, Individually And As Personal Representative Of The Estate Of Frederick Douglass P.O. Box 482 Cataumet, MA 02534 SUSAN BAKER P.O. Box 463 Cataumet, MA 02534 REGINA PEREIRA P.O. Box 463 Cataumet, MA 02536 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 1 of 222 2 GAIL BLACK Individually And As Personal Representative Of The Estate Of David D. Gay 805 Jimblake Road Jacksonville, NC 28540 RONALD GAY 819 Adams Drive Eldorado, IL 62930 TIMOTHY GAY 100 Meadows Avenue E. Peoria, IL 61611 REBECCA CORDELL 173 S. Main Junction, IL 62954 ESTATE OF NEVA JEAN GAY ESTATE OF DAVID D. GAY, SR. KATHLEEN COLLINS Individually And As Personal Representative Of The Estate Of Bert Daniel Corcoran 17042 W. Post Drive Surprise, AR 85388 ESTATE OF ROBERT ALTON CORCORAN CATHERINE CORCORAN 613 N. 4th Avenue, Apt. 311 Phoenix, AZ 85003 ROBERT BRIAN CORCORAN P.O. Box 184 Jefferson Valley, NY 10524 ELIZABETH ANN ORTIZ 806 Fairmont Place, #3 Bronx, NY 10460 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 2 of 222 3 KEITH ALTON CORCORAN 21049 Saucier Advance Road Saucier, MS 39574 CINDY COLASANTI Individually And As Personal Representative Of The Estate Of Roy Edwards 427 Seminole Trail Jacksonville, NC 28540 HARVEY MARTIN BASTIAN 427 Seminole Trail Jacksonville, NC 28540 ESTATE OF BARBARA EDWARDS THOMAS HELD Individually and As Personal Representative Of The Estate Of Douglas Held 3322 Shallowford Trace Midlothian, VA 23112 ESTATE OF SONDRA LOU HELD FREDA GIBBS HUTCHERSON Individually And As Personal Representative Of The Estate Of Warner Gibbs, Jr. 9 Old English Way Stafford, VA 22554 LARRY GIBBS 9309 Tumberlake Road Fredericksburg, VA 22408 MARKUS A. LEWIS 1601 Richmond Avenue Portsmouth, VA 23704 ESTATE OF WARNER GIBBS, SR. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 3 of 222 4 ESTATE OF JANET YVONNE LEWIS JAMES INGALLS Individually And As Personal Representative Of The Estate Of John Ingalls P.O. Box 193 Interlaken, NY 14847 JOSEPH INGALLS P.O. Box 193 Interlaken, NY 14847 PRISCILLA STOWE Individually And As Personal Representative Of The Estate Of Thomas D. Stowe 28 Pine Valley Road Doylestown, PA 18901 DAVID STOWE 28 Pine Valley Road Doylestown, PA 18901 DONNA BALOGA 309 Lewis Avenue Monongahela, PA 15063 SAMANTHA STOWE 1306 3rd Street Berkley, CA 94710 BARBARA STOWE 3333 Wunder Avenue Cincinnati, OH 45211 MARCIA C. TOWNSEND-TIPPETT Individually And As Personal Representative Of The Estate Of Henry Townsend, Jr. 2819 Fair Oaks Drive Montgomery, AL 36117 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 4 of 222 5 HENRY & LILLIAN TOWNSEND P.O. Box 640027 Pike Rod, AL 36064 VALERIE TATUM 930 Brewster Street Pike Road, AL 36064 CYNTHIA GREEN 1297 Grand Blvd. Birmingham, AL 35214 KAWANNA DUNCAN 7959 Cottage Hill Road Apt. 505 Mobile, AL 36608 CLETA WELLS Individually And As Personal Representative Of The Estate Of Tandy W. Wells 3056 Triangle Park Road Mariposa, CA 95338 STELLA WELLS GEORGE 2925 Shack Lette Rd Murfreesboro, TN 37129 FRANCES MANGRUM 7122 Aggie Hamilton Lane Fairview, TN 37062 EDITH HOLLAND WELLS 7122 Aggie Hamilton Lane Fairview, TN 37062 PERRY GLENN WELLS 24802 Airline Rd Sturgis, MI 49091 DANNY HOLLAND WELLS 825 Old Hunter’s Point Pike Lebanon, TN 37087 ESTATE OF HAROLD DEAN WELLS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 5 of 222 6 MICHAEL SHANE WELLS TIMOTHY SHON WELLS JOHN SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 TRACY ANN SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 ABIGAIL ELIZABETH SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 ALEXANDRA ELIZABETH SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 LIBBI ELIZABETH SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 LILLI ELIZABETH SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 COOPER JEFFREY SANTOS 5 Dukes Drive Sandwich, Massachusetts 02563 RAOUL SANTOS Shawnee Heights, Apt. 301 Sandwich, MA 02563 MARY SANTOS Shawnee Heights, Apt. 301 Sandwich, MA 02563 DONNA DUFFY 344 Coudoit Road Sandwich, MA 02563 MARY CROPPER Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 6 of 222 7 644 Par Drive Jacksonville, NC 28549 DOREEN CALLANAN 70 Cape Drive, Apt. D Mashpee, MA 02649 CASSIE LEMIRE P.O. Box 547 Sagamore, MA 02561 JEAN WINNER 175 Teaticket Highway, Unit 12 East Fairmouth, MA 02573 KEVIN SANTOS 22 Drew Lane Mashpee, MA 02549 RAOUL SANTOS 22 Drew Lane Mashpee, MA 02549 GARY WAYNE ALLISON 219 Autinville Road Wytheville, VA 25382 MARK BARTHOLOMEW 9 Spring Garden Rd Rocking Point, NY 11778 ROBERT BRAGG P.O. Box 502 Atkins, VA 24311 THOMAS D. BROWN, JR. 405 Lightening Lane Interlachen, FL 32148 JEANETTE ODOM 403 Lightening Lane Interlachen, FL 32148 DEBORAH VOGT 6363 Forrestwood Drive West Lakeland, FL 32811 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 7 of 222 8 MICHAEL CORRIGAN 12910 Castlemaine Drive Tampa, FL 33626 EARL GUY 5187 Dayton Liberty Road Dayton, OH 45418 JOAN M. CRAWFORD 1641 Wesleyan Road Dayton, OH 45406 IAN D. GUY 12220 Pellicano Drive, Apt. 1404 El Paso, TX 79936 EDDIE GUY, JR. 124 Commons Drive Englewood, OH 45322 ADAM GUY 518 East Town St., Apt. 317 Columbus, OH 43215 DONALD HAMMONS 2921 Hugo Court Flower Mound, TX 75022 THOMAS HOKE 37-D Meadowwood Glen Way Greensboro, NC 27409 GLENN W. HOLLIS 12 Solomon Pond Road E. Sandwich, MA 02537 ESTATE OF ANN HOLLIS JANE COSTA 43 Rogers Road East Longmeadow, MA 01028 KEVIN JIGGETTS 4981 Diamond Oaks Court Waldorf, MD 20602 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 8 of 222 9 DONALD LONG P.O. Box 403 High Point, NC 27261 ROBERT LYNCH 7323 NY 66 East Nassau, NY 12062 TIM McCOSKEY 139 Switchgrass Ct Elloree, SC 29047 RONALD L. MOORE 5452 E. Washburn Rd Waterloo, IA 50701 JOHN W. NASH 101 Dockside Drive Jacksonville, NC 28546 ROSE ANN NASH 750 Hollister St. Pontiac, MI 48340 ESTATE OF FRANK EDISON NASH WILLIAM H. NASH 283 University Pkwy Bluffton, SC 29909 MARK S. NASH 1001 Leland St., Apt. 104 Detroit, MI FRANK E. NASH, JR. 1001 Leland St., Apt. 104 Detroit, MI JAKI MILLIKEN 1001 Leland St., Apt. 104 Detroit, MI ROSEMARIE VLIET 1001 Leland St., Apt. 104 Detroit, MI Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 9 of 222 10 JAMES MICHAEL PUCKETT 4505 Cordell Drive Roanoke, VA 24018 RONALD PUTNAM 3881 Dutch Cove Road Canton, NC 28716 BRUCE H. RICHARDSON 9 Snell Street Fiskdale, MA 01518 ELIZABETH M. RICHARDSON 9 Snell Street Fiskdale, MA 01518 THOMAS RUTTER 306 Riverside Road Essex, MD 21221 JOSEPH RICHARD SCHNEIDER 1678 Pocahontas Street Norfolk, VA 23511 MORRIS SCHNEIDER 112 W. Highland Dr. Pensacola, FL 32503 JACQUELINE GIBSON 1997 W. Heather Lane Hanford, CA 93230 PAUL SEGARRA 118 Humming Bird Drive Berlin, CT 06037 STEVEN MICHAEL SHAPURAS 529 Kentucky Street Westville, IL 61883 DAVID W. SHARP P.O. Box 992 Bentonville, AR 72712 THOMAS SHARP Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 10 of 222 11 P.O. Box 992 Bentonville, AR 72712 DAVENE SHARP P.O. Box 992 Bentonville, AR 72712 CHARLES SIMMONS 26 Kamway Drive Whiting, MA 04691 EDWARD J. STREKER 5 Walker Lane Coventry, RI 02816 JOHN TURNER 1838 C Springhill Road Staunton, VA 24401 JUDY TURNER 1838 C Springhill Road Staunton, VA 24401 THOMAS ANDREW WALSH 556 Garrison Road Pelzer, SC 29669 CHARLES WALSH 8625 Willow Oak Rd Baltimore, MD 21234 RUTH WALSH 8625 Willow Oak Rd Baltimore, MD 21234 PAT CAMPBELL 8625 Willow Oak Rd Baltimore, MD 21234 RACHEL WALSH 8625 Willow Oak Rd Baltimore, MD 21234 TIMOTHY WALSH 8625 Willow Oak Rd Baltimore, MD 21234 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 11 of 222 12 MICHAEL WALSH 8625 Willow Oak Rd Baltimore, MD 21234 SEAN WALSH 8625 Willow Oak Rd Baltimore, MD 21234 BRYAN K. WESTRICK 23715 73rd Avenue, East Myakka City, FL 34251 ANDREW K. WESTRICK 23715 73rd Avenue, East Myakka City, FL 34251 AARON M. WESTRICK 23715 73rd Avenue, East Myakka City, FL 34251 JOHN WESTRICK 1127 Houston Springs Rd Greenback, TN 37742 PATRICIA WESTRICK 1127 Houston Springs Rd Greenback, TN 37742 WHITNEY R. WESTRICK 1127 Houston Springs Rd Greenback, TN 37742 GERALD WILKES, JR. 32 Beechwood Dr. Clifton Park, NY 12065 GERALD WILKES, III 32 Beechwood Dr. Clifton Park, NY 12065 JUSTIN WILKES 32 Beechwood Dr. Clifton Park, NY 12065 JOSHUA WILKES Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 12 of 222 13 32 Beechwood Dr. Clifton Park, NY 12065 GERALD WILKES, SR. 35 Ravenwood Way Johnsonville, NY 12094 PEGGIE WILKES 35 Ravenwood Way Johnsonville, NY 12094 MICHAEL ZILKA 239 Bailies Run Road Creighton, PA 15030 SUE ZILKA 239 Bailies Run Road Creighton, PA 15030 MICHAEL ZILKA, JR. 239 Bailies Run Road Creighton, PA 15030 COURTNEY L. ZILKA 239 Bailies Run Road Creighton, PA 15030 CHRISTOPHER R. ZILKA 239 Bailies Run Road Creighton, PA 15030 MYRIAH L. ZILKA 239 Bailies Run Road Creighton, PA 15030 ARTHUR JOHNSON 2138 N. Ritter Avenue, #J-4 Indianapois, IN 46218 MECOT ECHO CAMARA 936 Peggy Branch Road Princeton, WV 24740 THERESA RIGGS 150 E. Robinson Street, Unit 2412 Orlando, FL 32801 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 13 of 222 14 ELISA CAMARA THOMPSON 364 W. Hornbeam Drive Longwood, FL 32779 ESTATE OF MANUAL MASSA, SR. JENNIFER PAGE NELSON P.O. Box 715 3819 Cecil Street Bethel, NC 27812 TIMOTHY PRICE 7139 Winter Ridge Drive Converse, TX 78109 ESTATE OF BETTY LOU PRICE PATRICIA FITZGERALD WASHINGTON 8229 Roxbury Drive Alexandria, VA 22309-3728 GERALD FOISTER VA Hospital 510 Butler Avenue Martinsburg, WV 25405 ESTATE OF DOROTHY WILLIAMS BILL WILLIAMSON 119 Shady Curve Road, Rt 2 Seagrove, NC 27341 FAITH ALBRIGHT 269 Shagbard Drive Derby, CT 06418 MARVIN ALBRIGHT, JR. 269 Shagbard Drive Derby, CT 06418 MEREQUIN ALBRIGHT 269 Shagbard Drive Derby, CT 06418 SHERETA ALBRIGHT 269 Shagbard Drive Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 14 of 222 15 Derby, CT 06418 ANTHONY BANKS, JR. 1705 Kilmore Drive Florissant, MO 63031 CHRISTOPHER BURNETTE 1321 Kershaw Loop, #130 Fayetteville, NC 28314 MICHELLE BURNETTE 1850 Redberry Lane Conover, NC 28613 EVAN BURNETTE 1321 Kershaw Loop, #130 Fayetteville, NC 28314 CONNIE DECKER 15829 Fairfield Drive Matthews, NC 28104 GWEN BURNETTE 3305 North 6th Street Ocean Spring, MS 39564 GWEN WOODCOCK 2908 40th Avenue Gulfport, MS 38501 LISA BURLEYSON 1321 Kershaw Loop, #130 Fayetteville, NC 28314 DALE COMES 18 Columbus Drive Bayonne, NJ 07002 TOMMY COMES 18 Columbus Drive Bayonne, NJ 07002 CHRISTOPHER EAVES 131 Miller Road Waynesboro, VA 22980 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 15 of 222 16 INDIA EAVES 131 Miller Road Waynesboro, VA 22980 DAVID EAVES 131 Miller Road Waynesboro, VA 22980 SYLVIA EAVES 131 Miller Road Waynesboro, VA 22980 ESTATE OF NINA EAVES STOCKWELL JOSEPH MATTHEW GARNER 132 Islander Road Satsuma, FL 32189 JUSTINA NICOLE GARNER 132 Islander Road Satsuma, FL 32189 REVA PAIGE GARNER 132 Islander Road Satsuma, FL 32189 PENNY GARNER 132 Islander Road Satsuma, FL 32189 CHADWICK MATTHEWS 203 Londonberry Lane Jacksonville, NC 28540 DREW MATTHEWS 203 Londonberry Lane Jacksonville, NC 28540 DEBORAH WISE P.O. Box 220 Hutto, TX 78634 JEREMY RIVERS P.O. Box 218 Columbia, MD 21044 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 16 of 222 17 PAUL RIVERS P.O. Box 218 Columbia, MD 21044 BERNICE RIVERS P.O. Box 218 Columbia, MD 21044 SANDRA RIVERS P.O. Box 218 Columbia, MD 21044 BARBARA ANN RUSSELL 116 Depot Street Bellingham, MA 02019 ROBERT EMMETT RUSSELL 116 Depot Street Bellingham, MA 02019 GLENN EDWARD RUSSELL 116 Depot Street Bellingham, MA 02019 CHARLES EDWARD RUSSELL, JR. 116 Depot Street Bellingham, MA 02019 JEAN LOUISE BROWN 116 Depot Street Bellingham, MA 02019 NANCY MacDONALD 116 Depot Street Bellingham, MA 02019 DIANE CAROL HIGGINS 116 Depot Street Bellingham, MA 02019 ESTATE OF THOMAS WILLIAM RUSSELL 116 Depot Street Bellingham, MA 02019 RICHARD LYNDE FOLEY 116 Depot Street Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 17 of 222 18 Bellingham, MA 02019 CHARLES FRYE, JR. 6444 E. Spring St., #134 Long Beach, CA 90815 GINA FRYE 6444 E. Spring St., #134 Long Beach, CA 90815 LINCOLN FRYE 6444 E. Spring St., #134 Long Beach, CA 90815 RANDALL FRYE 6444 E. Spring St., #134 Long Beach, CA 90815 JACK DARRELL HUNT 111 Marion Ct Jacksonville, FL 28546 MARCY ELIZABETH HUNT 111 Marion Ct Jacksonville, FL 28546 MENDY LEIGH HUNT 111 Marion Ct Jacksonville, FL 28546 MOLLY FAY HUNT 111 Marion Ct Jacksonville, FL 28546 RICHARD DUDLEY 1145 Ramsey Road Jacksonville, NC 28546 TOLEDO DUDLEY 1145 Ramsey Road Jacksonville, NC 28546 SHERRY LATOZ 1145 Ramsey Road Jacksonville, NC 28546 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 18 of 222 19 CYNTHIA BLANKENSHIP 1145 Ramsey Road Jacksonville, NC 28546 GINGER TUTON 1145 Ramsey Road Jacksonville, NC 28546 SCOTT DUDLEY 1145 Ramsey Road Jacksonville, NC 28546 CATALDO ANTHONY NASHTON 9386 Route 26 Lee Cnter, NY 13363 CLAUDIA COMINO 232 Riverview Pkwy, North Rome, NY 13440 MARK NASHTON 812 Laurel Street Rome, NY 13440 MYLES NASHTON 117 Evergreen Valley Dr. Oneida, NY 13421 THERESA BARTHOLOMEW 9 Spring Garden Rd Rocking Point, NY 11778 CRYSTAL BARTHOLOMEW 9 Spring Garden Rd Rocking Point, NY 11778 MARK E. BARTHOLOMEW 9 Spring Garden Rd Rocking Point, NY 11778 JERRY BARTHOLOMEW 9 Spring Garden Rd Rocking Point, NY 11778 JOYCE BARTHOLOMEW 9 Spring Garden Rd Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 19 of 222 20 Rocking Point, NY 11778 Plaintiffs v. Civil No. 1:07-cv-01302 Judge Royce C. Lamberth THE ISLAMIC REPUBLIC OF IRAN Ministry of Foreign Affairs Khomeini Avenue United Nations Street Tehran, Iran and THE IRANIAN MINISTRY OF INFORMATION AND SECURITY Pasdaran Avenue Golestan Yekom Tehran, Iran Defendants SECOND AMENDED COMPLAINT (1) This action is brought by the Plaintiffs, Carolyn Davis, et al., by counsel, in the individual capacity of each plaintiff and, as appropriate, in the capacity of each as personal representative of the estate more particularly described in the caption of this action for the benefit and on behalf of all those legally entitled to assert a claim under the District of Columbia Wrongful Death Act, the District of Columbia Survival Act and the Foreign Sovereign Immunities Act. (28 United States Code Section 1602 et seq.), as amended by §1083 of the Defense Appropriations Act of 2008, H.R. 4986, Public Law 110-181. This Court exercises subject matter jurisdiction in accordance with the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 20 of 222 21 provisions of 28 United States Code Sections 1330(a), 1331, 1332(a)(2), and 1605. The Court exercises in personam jurisdiction over the parties designated as Defendants in accordance with the provisions of 28 United States Code Section 1605 (a)(7). Venue in this Court is proper in accordance with the provisions of 28 United States Code Section 1391(f)(4), which provides in pertinent part that a civil action against a foreign state may be brought in the United States District Court for the District of Columbia. (2) Section 1083 of Public Law 110-181, signed by President Bush on January 28, 2008, amended the Foreign Sovereign Immunities Act, (28 U.S.C. § 1602, et seq.) extending the statute of limitations for the Plaintiffs to and including Friday, March 28, 2008, and establishing a separate, Federal cause of action as set forth in 28 U.S.C. §1605A. (3) The Plaintiffs in this action consist entirely of members of the United States Marine Corps, United States Navy and United States Army, the estates of such persons, and the heirs at law and legatees of such persons, who suffered physical or emotional injuries or died as a result of injuries inflicted in the terrorist attack upon the United States Marine Corps, Battalion 1/8, Headquarters Building of the 24th Marine Amphibious Unit in Beirut, Lebanon on October 23, 1983. Members of the United States Marine Corps were assigned to the 24th Marine Amphibious Unit. Members of the United States Navy and United States Army were present at the site of the occurrence in support of the 24th Marine Amphibious Unit, either on a regular assigned basis or temporarily on the date of the occurrence below set forth. The term “estate” as hereinafter used refers not only to the estate of any member of the Armed Forces of the United States above referred to, but also to all persons now deceased whose estates are beneficiaries entitled to Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 21 of 222 22 compensation and/or punitive damages in accordance with any statute of the United States, the District of Columbia, or their state of residence or domicile at the time of death, including 28 United States Code Section 1602 through 1611, District of Columbia Code, Title 16, Section 16-2701 or District of Columbia Code, Title 12, Section 12-301. (4)The Defendant, The Islamic Republic of Iran, is a foreign state which was as a result of the acts hereinafter complained of, and is to the present, designated as a state sponsor of terrorism pursuant to Section 6(j) of the Export Administration Act of 1979 (50 United States Code Appendix, Section 2405(j)). (5)The Defendant, The Iranian Ministry of Information and Security, is an agency of the Defendant, The Islamic Republic of Iran, whose activities included, at all times relevant to this action, the prosecution of terrorist acts directed against the armed forces of the United States and United States citizens, through the actions of their agents and employees and by and through material support to various terrorist organizations including the Lebanese terrorist organization known as “Hezbollah”. (6)Hezbollah1 is an organization of Lebanese Muslims who are adherents of the Shia or Shiite faction of Islam. It represents itself as “an Islamic freedom fighting movement” which views any part of the Near East under the control of the State of Israel as “occupied land”. It advocates the expulsion of the United States from the Near East and is committed to violent action to that end and to the termination of the existence of the State of Israel. At all times relevant to this action, Hezbollah was being given extensive support by these Defendants which permitted it to carry out a wide ranging program of terrorism against the United States and the State of Israel and a social welfare Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 22 of 222 23 program designed to garner political support amongst the Shiite population of Lebanon. In 1983, at the time of the acts which give rise to this action, Hezbollah was under the complete operational control of the Defendants, through Iranian Revolutionary Guards units within Lebanon. The Shia or Shiite Community in Lebanon had been economically depressed for an extended period of time prior to the date of the occurrence and was further disadvantaged by a level of education far below that of other major groups within Lebanon. The provision of extensive economic support by the Defendants to Hezbollah was necessary for that organization to carry out a terrorist attack of the scope and technological sophistication of the attack of October 23, 1983. (7)The mission statement of the 24th Amphibious Unit on October 23, 1983 was “to provide a presence in Beirut, that would in turn help establish the stability necessary for the Lebanese government to regain control of their capital.”2 The Unit operated under normal, peacetime rules of engagement. Their geographic position was in a reinforced concrete building at the Beirut Airport. Although there was sporadic small arms and mortar fire directed at the airport, the Unit only replied through counter-fire when receiving such attacks. There was no mission designated by the United States Government, the Lebanese Government or anyone else under which the Unit was a participant in the ongoing civil war. The building being used by the Unit gave excellent protection from small arms, mortar and artillery rounds which struck it from time to time in the months preceding October 23, 1983. 1 The spelling of this word differs slightly in various publications. It is believed that this spelling is the most common. The organization also refers to itself in some publications as the “Party of God”. 2 Statement of General Paul X. Kelly, Commandant, United States Marine Corps. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 23 of 222 24 (8)Acting on instructions from the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Iranian agents of the Defendants in operational control of Hezbollah, with high level technical participation which would not have been available to Hezbollah in the absence of Iranian control and participation, carried out the construction of a gas enhanced explosive device with an explosive force equal to 22,000 pounds of explosives. This was in turn mounted in a large truck of a type used to transport beverage supplies to hotels, restaurants, stores and, in this case, airport terminal facilities. It had been determined by Iranian military engineers/terrorist experts to have sufficient weight to crash through an outer barbed wire emplacement, yet would fit between two sandbagged sentry posts, then penetrate through an iron fence gate, climb over a sewer pipe obstruction and though a sandbag inner barrier obstruction into a passenger entry hallway into the center lobby of the building to a position at which the Iranian military engineers/terrorist experts had calculated an explosion of the magnitude to be produced by the device would collapse the structure. At approximately 6:22 a.m., Beirut time, on October 23, 1983 the attack was carried out exactly in the complex manner planned by the Iranian agents, producing the results which their calculations had lead them to expect. The collapse of the four story, reinforced concrete structure resulted in the deaths of approximately 241 members of the Armed Forces of the United States and injury to numerous others. (9)The actions of the agents of the Defendants as above set forth constituted acts torture, extrajudicial killing and the provision of material resources for these acts as defined in Section 2339A, Title 18, United States Code. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 24 of 222 25 (10)The formation of Hezbullah and its emergence as a major terrorist organization was the product of direct intervention by Iranian operatives, including the Iranian Revolutionary Guards, the Defendant the Ministry of Information and Security and Ali Akbar Mohtashemi, acting as Interior Minister of the Defendant, The Islamic Republic of Iran, and as the Iranian Ambassador to Syria. The above referred to activities of Hezbollah were financed, technologically supported and commanded by Iranian military/intelligence operatives. COUNT I ESTATE OF ANDREW DAVIS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (11)Plaintiff, Carolyn Davis, Personal Representative of the Estate of Andrew Davis, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (12) On October 23, 1983, when the explosive device described above was detonated, Andrew Davis, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Andrew Davis was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Andrew Davis. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (13) The beneficiaries of Andrew Davis who survived him, namely, Carolyn, his Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 25 of 222 26 wife, and his daughter, Jennifer Davis, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Andrew Davis, and funeral and burial expenses. WHEREFORE, Plaintiff, Carolyn Davis, demands judgment on behalf of the Estate of Andrew Davis, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT II ESTATE OF ANDREW DAVIS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (14) Plaintiff, Carolyn Davis, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (15) Decedent, Andrew Davis, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Carolyn Davis, as Personal Representative demands judgment on behalf of the Estate of Andrew Davis, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 26 of 222 27 COUNT III CAROLYN DAVIS, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (16) Plaintiff, Carolyn Davis, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (17) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff, Carolyn Davis, the wife of Decedent, Andrew Davis, and Jennifer Davis, the daughter of Decedent, Andrew Davis, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Andrew Davis to cause severe emotional distress upon his wife, Plaintiff, Carolyn Davis, and his daughter, Jennifer Davis, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Davis family was so severe that no reasonable person could be expected to endure it. Carolyn Davis and Jennifer Davis have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Carolyn Davis, for herself, and for Jennifer Davis, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT IV Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 27 of 222 28 ESTATE OF ANDRE DAVIS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (18) The Plaintiff, Carolyn Davis, Personal Representative of the Estate of Andrew Davis, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (19) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Carolyn Davis, Personal Representative of the Estate of Andrew Davis, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT V Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 28 of 222 29 ESTATE OF C. KEITH BAILEY CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (20)Plaintiff, Charles E. Bailey and Vina S. Bailey, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (21) On October 23, 1983, when the explosive device described above was detonated, C. Keith Bailey, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of C. Keith Bailey was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of C. Keith Bailey. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (22) The beneficiaries of C. Keith Bailey who survived him, namely, Charles E. Bailey, his father, Vina S. Bailey, his mother, and Karen L. Cooper, his sister, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of C. Keith Bailey, and funeral and burial expenses. WHEREFORE, Plaintiff, Charles E. Bailey and Vina S. Bailey, demand judgment on behalf of the Estate of C. Keith Bailey, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 29 of 222 30 COUNT VI ESTATE OF C. KEITH BAILEY SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (23) Plaintiff, Charles E. Bailey and Vina S. Bailey, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (24) Decedent, C. Keith Bailey, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Charles E. Bailey and Vina S. Bailey, demand judgment on behalf of the Estate of C. Keith Bailey, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT VII CHARLES E. BAILEY, VINA S. BAILEY, AND KAREN L. COOPER SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (25) Plaintiff, Charles E. Bailey and Vina S. Bailey, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (26) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff, Charles E. Bailey, the father of the Decedent, Vina S. Bailey, the mother of the Decedent, and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 30 of 222 31 Karen L. Cooper, the sister of Decedent, C. Keith Bailey, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon C. Keith Bailey to cause severe emotional distress upon his father and mother, Charles and Vina Bailey, and his sister, Karen L. Cooper, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the his family was so severe that no reasonable person could be expected to endure it. Charles E. Bailey, Vina S. Bailey and Karen L. Cooper have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Charles E. Bailey and Vina S. Bailey, for themselves, and for Karen L. Cooper, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT VIII ESTATE OF C. KEITH BAILEY PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (27) The Plaintiffs, Charles E. Bailey and Vina S. Bailey, Personal Representatives of the Estate of C. Keith Bailey, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (28) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 31 of 222 32 intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Charles E. Bailey and Vina S. Bailey, Personal Representatives of the Estate of C. Keith Bailey, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT IX ESTATE OF FREDERICK DOUGLASS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (29)Plaintiff, Shirley Douglass Miller, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (30) On October 23, 1983, when the explosive device described above was detonated, Frederick Douglass, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Frederick Douglass was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Frederick Douglass. Those agents were at all times acting with the scope of their agency and acted Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 32 of 222 33 on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (31) The beneficiaries of Frederick Douglass who survived him, namely, Shirley Douglass Miller, his widow, Susan Baker, his daughter, and Regina Pereira, his daughter, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Frederick Douglass, and funeral and burial expenses. WHEREFORE, Plaintiff, Shirley Douglass Miller, demands judgment on behalf of the Estate of Frederick Douglass, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT X ESTATE OF FREDERICK DOUGLASS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (32) Plaintiff, Shirley Douglass Miller, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (33) Decedent, Frederick Douglass, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Shirley Douglass Miller, demands judgment on behalf of the Estate of Frederick Douglass, jointly and severally, against the Defendants, The Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 33 of 222 34 Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XI SHIRLEY DOUGLASS MILLER, et. al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (34) Plaintiff, Shirley Douglass Miller, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (35) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff and widow, Shirley Douglass Miller, Susan Baker, daughter, and Regina Pereira, daughter, of Decedent, Frederick Douglass, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Frederick Douglass to cause severe emotional distress upon his widow, Shirley Douglass Miller, Susan Baker, his daughter, and Regina Pereira, his daughter, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Shirley Douglass Miller, Susan Baker, and Regina Pereira, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Shirley Douglass Miller, for herself, Susan Baker, and Regina Pereira demands judgment against the Defendants, The Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 34 of 222 35 Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XII ESTATE OF FREDERICK DOUGLASS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (36) The Plaintiff, Shirley Douglass Miller, Personal Representative of the Estate of Frederick Douglass, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (37) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Shirley Douglass Miller, Personal Representative of the Estate of Frederick Douglass, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XIII Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 35 of 222 36 ESTATE OF DAVID D. GAY CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (38)Plaintiff, Gail Black, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (39) On October 23, 1983, when the explosive device described above was detonated, David D. Gay, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of David D. Gay was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of David D. Gay. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (40) The beneficiaries of David D. Gay who survived him, namely, Gail Black, his widow, Ronald Gay, his brother, Timothy Gay, his brother, Rebecca Cordell, his sister, the Estate of Neva Jean Gay, his mother, and the Estate of David D. Gay, Sr., his father, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of David D. Gay, and funeral and burial expenses. WHEREFORE, Plaintiff, Gail Black, demands judgment on behalf of the Estate of David D. Gay, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 36 of 222 37 MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XIV ESTATE OF DAVID D. GAY SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (41) Plaintiff, Gail Black, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (42) Decedent, David D. Gay, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Gail Black, demands judgment on behalf of the Estate of David D. Gay, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XV GAIL BLACK, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (43) Plaintiff, Gail Black, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 37 of 222 38 (44) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and widow, Gail Black, Ronald Gay, his brother, Timothy Gay, his brother, Rebecca Cordell, his sister, the Estate of Neva Jean Gay, his mother, and the Estate of David D. Gay, Sr., his father, of Decedent, David D. Gay, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon David D. Gay to cause severe emotional distress upon his wife, Plaintiff, Gail Black, Ronald Gay, his brother, Timothy Gay, his brother, Rebecca Cordell, his sister, the Estate of Neva Jean Gay, his mother, and the Estate of David D. Gay, Sr., his father, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Gail Black, Ronald Gay, Timothy Gay, Rebecca Cordell, the Estate of Neva Jean Gay, and the Estate of David D. Gay, Sr., have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Gail Black, for herself, and for Ronald Gay, Timothy Gay, Rebecca Cordell, the Estate of Neva Jean Gay, and the Estate of David D. Gay, Sr., demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XVI ESTATE OF DAVID D. GAY PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 38 of 222 39 (45) The Plaintiff, Gail Black, Personal Representative of the Estate of David D. Gay, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (46) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Gail Black, Personal Representative of the Estate of David D. Gay, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XVII ESTATE OF BERT DANIEL CORCORAN CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (47)Plaintiff, Kathleen Collins, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 39 of 222 40 (48) On October 23, 1983, when the explosive device described above was detonated, Bert Daniel Corcoran, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Bert Daniel Corcoran was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Bert Daniel Corcoran. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (49) The beneficiaries of Bert Daniel Corcoran who survived him, namely, Kathleen Collins, his sister, Catherine Corcoran, his mother, the Estate of Robert Alton Corcoran, his father, Robert Brian Corcoran, his brother, Elizabeth Ann Ortiz, his sister, and Keith Alton Corcoran, his brother, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Bert Daniel Corcoran, and funeral and burial expenses. WHEREFORE, Plaintiff, Kathleen Collins, demands judgment on behalf of the Estate of Bert Daniel Corcoran, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XVIII ESTATE OF BERT DANIEL CORCORAN Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 40 of 222 41 SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (50) Plaintiff, Kathleen Collins, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (51) Decedent, Bert Daniel Corcoran, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Kathleen Collins, demands judgment on behalf of the Estate of Bert Daniel Corcoran, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XIX KATHLEEN COLLINS, ET AL SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (52) Plaintiff, Kathleen Collins, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (53) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff, Kathleen Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 41 of 222 42 Collins, the sister of the Decedent, Catherine Corcoran, the mother of the Decedent, the Estate of Robert Alton Corcoran, the father of the Deceedent, Robert Brian Corcoran, the brother of the Decedent, Elizabeth Ann Ortiz, the sister of the Decedent, and Keith Alton Corcoran, the brother of the Decedent, Bert Daniel Corcoran, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Bert Daniel Corcoran to cause severe emotional distress upon his father, mother, and siblings, namely, Kathleen Collins, the Estate of Robert Alton Corcoran, Catherine Corcoran, Robert Brian Corcoran, Elizabeth Ann Ortiz, and Keith Alton Corcoran, the beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the his family was so severe that no reasonable person could be expected to endure it. Kathleen Collins, the Estate of Robert Alton Corcoran, Catherine Corcoran, Robert Brian Corcoran, Elizabeth Ann Ortiz, and Keith Alton Corcoran have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Kathleen Collins, for herself, and for the Estate of Robert Alton Corcoran, Catherine Corcoran, Robert Brian Corcoran, Elizabeth Ann Ortiz, and Keith Alton Corcoran, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XX ESTATE OF BERT DANIEL CORCORAN PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 42 of 222 43 (54) The Plaintiff, Kathleen Collins, Personal Representative of the Estate of Bert Daniel Corcoran, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (55) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Kathleen Collins, Personal Representative of the Estate of Bert Daniel Corcoran, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XXI ESTATE OF ROY EDWARDS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (56)Plaintiff, Cindy Colasanti, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (57) On October 23, 1983, when the explosive device described above was Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 43 of 222 44 detonated, Roy Edwards, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Roy Edwards was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Roy Edwards. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (58) The beneficiaries of Roy Edwards who survived him, namely, Cindy Colasanti, his daughter, Harvey Martin Bastian, his son, and the Estate of Barbara Edwards, his mother, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Roy Edwards, and funeral and burial expenses. WHEREFORE, Plaintiff, Cindy Colasanti, demands judgment on behalf of the Estate of Roy Edwards, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXII ESTATE OF ROY EDWARDS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (59) Plaintiff, Cindy Colasanti, repeats and re-alleges each and every allegation Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 44 of 222 45 set forth above with like effect as if alleged herein. (60) Decedent, Roy Edwards, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Cindy Colasanti, demands judgment on behalf of the Estate of Roy Edwards, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXIII CINDY COLASANTI, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (61) Plaintiff, Cindy Colasanti, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (62) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and daughter, Cindy Colasanti, Harvey Martin Bastian, his son, and the Estate of Barbara Edwards, his mother, of Decedent, Roy Edwards, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Roy Edwards to Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 45 of 222 46 cause severe emotional distress upon his daughter, Plaintiff, Cindy Colasanti, Harvey Martin Bastian, his son, and the Estate of Barbara Edwards, his mother, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Cindy Colasanti, Harvey Martin Bastian, and the Estate of Barbara Edwards, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Cindy Colasanti, for herself, and for Harvey Martin Bastian, and the Estate of Barbara Edwards, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XXIV ESTATE OF ROY EDWARDS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (63) The Plaintiff, Cindy Colasanti, Personal Representative of the Estate of Roy Edwards, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (64) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 46 of 222 47 engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Cindy Colasanti, Personal Representative of the Estate of Roy Edwards, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XXV ESTATE OF DOUGLAS HELD CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (65)Plaintiff, Thomas Held, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (66) On October 23, 1983, when the explosive device described above was detonated, Douglas Held, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Douglas Held was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Douglas Held. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 47 of 222 48 Security. (67) The beneficiaries of Douglas Held who survived him, namely, Thomas Held, his father, and the Estate of Sondra Lou Held, his mother, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Douglas Held, and funeral and burial expenses. WHEREFORE, Plaintiff, Thomas Held, demands judgment on behalf of the Estate of Douglas Held, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXVI ESTATE OF DOUGLAS HELD SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (68) Plaintiff, Thomas Held, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (69) Decedent, Douglas Held, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Thomas Held, demands judgment on behalf of the Estate of Douglas Held, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 48 of 222 49 TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXVII THOMAS HELD, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (70) Plaintiff, Thomas Held, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (71) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and father, Thomas Held, and the Estate of Sondra Lou Held, his mother, of Decedent, Douglas Held, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Douglas Held to cause severe emotional distress upon his father, Plaintiff, Thomas Held, and the Estate of Sondra Lou Held, his mother, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Thomas Held, and the Estate of Sondra Lou Held, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Thomas Held, for himself, and the Estate of Sondra Lou Held, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 49 of 222 50 TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XXVIII ESTATE OF DOUGLAS HELD PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (72) The Plaintiff, Thomas Held, Personal Representative of the Estate of Douglas Held, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (73) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Thomas Held, Personal Representative of the Estate of Douglas Held, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XXIX ESTATE OF WARNER GIBBS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 50 of 222 51 (74)Plaintiff, Freda Gibbs Hutcherson, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (75) On October 23, 1983, when the explosive device described above was detonated, Warner Gibbs, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Warner Gibbs was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Warner Gibbs. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (76) The beneficiaries of Warner Gibbs who survived him, namely, Freda Gibbs Hutcherson, his sister, Larry A. Gibbs, his half-brother, Markus A. Lewis, his half- brother, the Estate of Warner Gibbs, his father, and the Estate of Janet Yvonne Lewis, his mother, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Warner Gibbs, and funeral and burial expenses. WHEREFORE, Plaintiff, Freda Gibbs Hutcherson, demands judgment on behalf of the Estate of Warner Gibbs, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXX Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 51 of 222 52 ESTATE OF WARNER GIBBS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (77) Plaintiff, Freda Gibbs Hutcherson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (78) Decedent, Warner Gibbs, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Freda Gibbs Hutcherson, demands judgment on behalf of the Estate of Warner Gibbs, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXXI FREDA GIBBS HUTCHERSON, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (79) Plaintiff, Freda Gibbs Hutcherson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (80) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and sister, Freda Gibbs Hutcherson, Larry A. Gibbs, half-brother, Markus A. Lewis, his half- brother, the Estate of Warner Gibbs, his father, and the Estate of Janet Yvonne Lewis, his Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 52 of 222 53 mother, of Decedent, Warner Gibbs, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Warner Gibbs to cause severe emotional distress upon his sister, Plaintiff, Freda Gibbs Hutcherson, Larry A. Gibbs, his half-brother, Markus A. Lewis, his half-brother, the Estate of Warner Gibbs, his father, and the Estate of Janet Yvonne Lewis, his mother, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Freda Gibbs Hutcherson, Larry A. Gibbs, Markus A. Lewis, the Estate of Warner Gibbs, and the Estate of Janet Yvonne Lewis, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Freda Gibbs Hutcherson, for herself, Larry A. Gibbs, Markus A. Lewis, the Estate of Warner Gibbs, and the Estate of Janet Yvonne Lewis, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XXXII ESTATE OF WARNER GIBBS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (81) The Plaintiff, Freda Gibbs Hutcherson, Personal Representative of the Estate of Warner Gibbs, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 53 of 222 54 (82) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Freda Gibbs Hutcherson, Personal Representative of the Estate of Warner Gibbs, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XXXIIII ESTATE OF JOHN INGALLS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (83)Plaintiff, James Ingalls, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (84) On October 23, 1983, when the explosive device described above was detonated, John Ingalls, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of John Ingalls was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 54 of 222 55 activities of Hezbollah that resulted in the death of John Ingalls. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (85) The beneficiaries of John Ingalls who survived him, namely, James Ingalls, his brother, and Joseph Ingalls, his brother, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of John Ingalls, and funeral and burial expenses. WHEREFORE, Plaintiff, James Ingalls, demands judgment on behalf of the Estate of John Ingalls, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXXIV ESTATE OF JOHN INGALLS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (86) Plaintiff, James Ingalls, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (87) Decedent, John Ingalls, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, James Ingalls, demands judgment on behalf of the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 55 of 222 56 Estate of John Ingalls, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXXV JAMES INGALLS, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (88) Plaintiff, James Ingalls, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (89) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and brother, James Ingalls, and Joseph Ingalls, brother, of Decedent, John Ingalls, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon John Ingalls to cause severe emotional distress upon his brother, Plaintiff, James Ingalls, and Joseph Ingalls, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. James Ingalls and Joseph Ingalls have each thereby suffered damages in the amount of ten million dollars. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 56 of 222 57 WHEREFORE, James Ingalls, for himself, and Joseph Ingalls, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XXXVI ESTATE OF JOHN INGALLS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (90) The Plaintiff, James Ingalls, Personal Representative of the Estate of John Ingalls, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (91) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, James Ingalls, Personal Representative of the Estate of John Ingalls, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 57 of 222 58 MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XXXVII ESTATE OF THOMAS D. STOWE CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (92)Plaintiff, Priscilla Stowe, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (93) On October 23, 1983, when the explosive device described above was detonated, Thomas D. Stowe, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Thomas D. Stowe was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Thomas D. Stowe. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (94) The beneficiaries of Thomas D. Stowe who survived him, namely, Priscilla Stowe, his mother, David Stowe, his father, Donna Baloga, his widow, Samatha Stowe, his daughter, and Barbara Stowe, his sister, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 58 of 222 59 the beneficiaries, the loss of future earnings and accretions to the Estate of Thomas D. Stowe, and funeral and burial expenses. WHEREFORE, Plaintiff, Priscilla Stowe, demands judgment on behalf of the Estate of Thomas D. Stowe, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXXVIII ESTATE OF THOMAS D. STOWE SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (95) Plaintiff, Priscilla Stowe, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (96) Decedent, Thomas D. Stowe, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Priscilla Stowe, demands judgment on behalf of the Estate of Thomas D. Stowe, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XXXIX PRISCILLA STOWE, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 59 of 222 60 (97) Plaintiff, Priscilla Stowe, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (98) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and mother, Priscilla Stowe, David Stowe, father, Donna Baloga, widow, Samatha Stowe, daughter, and Barbara Stowe, sister, of Decedent, Thomas D. Stowe, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Thomas D. Stowe to cause severe emotional distress upon his mother, Priscilla Stowe, David Stowe, father, Donna Baloga, widow, Samatha Stowe, daughter, and Barbara Stowe, sister, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Priscilla Stowe, David Stowe, Donna Baloga, Samatha Stowe, and Barbara Stowe, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Priscilla Stowe, for herself, David Stowe, Donna Baloga, Samatha Stowe, and Barbara Stowe, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XL ESTATE OF THOMAS D. STOWE PUNITIVE DAMAGES Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 60 of 222 61 PURSUANT TO 28 U.S.C. §1605A (99) The Plaintiff, Priscilla Stowe, Personal Representative of the Estate of Thomas D. Stowe, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (100) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Priscilla Stowe, Personal Representative of the Estate of Thomas D. Stowe, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XLI ESTATE OF HENRY TOWNSEND, JR. CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (101)Plaintiff, Marcia C. Townsend-Tippett, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 61 of 222 62 (102) On October 23, 1983, when the explosive device described above was detonated, Henry Townsend, Jr., a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Henry Townsend, Jr. was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Henry Townsend, Jr.. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (103) The beneficiaries of Henry Townsend, Jr. who survived him, namely, Marcia C. Townsend-Tippett, his widow, Henry Townsend, his father, Lillian Townsend, his mother, Valerie Tatum, his sister, Cynthia Green, his sister, and Kawanna Duncan, his daughter, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Henry Townsend, Jr., and funeral and burial expenses. WHEREFORE, Plaintiff, Marcia C. Townsend-Tippett, demands judgment on behalf of the Estate of Henry Townsend, Jr., jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 62 of 222 63 COUNT XLII ESTATE OF HENRY TOWNSEND, JR. SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (104) Plaintiff, Marcia C. Townsend-Tippett, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (105) Decedent, Henry Townsend, Jr., from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Marcia C. Townsend-Tippett, demands judgment on behalf of the Estate of Henry Townsend, Jr., jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XLIII MARCIA C. TOWNSEND-TIPPETT, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (106) Plaintiff, Marcia C. Townsend-Tippett, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (107) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, Plaintiff and widow, Marcia C. Townsend-Tippett, Henry Townsend, father, Lillian Townsend, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 63 of 222 64 mother, Valerie Tatum, sister, Cynthia Green, sister, and Kawanna Duncan, daughter, of Decedent, Henry Townsend, Jr., have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Henry Townsend, Jr. to cause severe emotional distress upon his widow, Marcia C. Townsend-Tippett, Henry Townsend, his father, Lillian Townsend, his mother, Valerie Tatum, his sister, Cynthia Green, his sister, and Kawanna Duncan, his daughter, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Marcia C. Townsend-Tippett, Henry Townsend, Lillian Townsend, Valerie Tatum, Cynthia Green, and Kawanna Duncan, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Marcia C. Townsend-Tippett, for herself, Henry Townsend, Lillian Townsend, Valerie Tatum, Cynthia Green, and Kawanna Duncan, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT XLIV ESTATE OF HENRY TOWNSEND, JR. PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (108) The Plaintiff, Marcia C. Townsend-Tippett, Personal Representative of the Estate of Henry Townsend, Jr., repeats and re-alleges each and every allegation set forth Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 64 of 222 65 above with like effect as if alleged herein. (109) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Marcia C. Townsend-Tippett, Personal Representative of the Estate of Henry Townsend, Jr., prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. COUNT XLV ESTATE OF TANDY W. WELLS CLAIM FOR WRONGFUL DEATH IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §1605 AND §1605A AS AMENDED AND 16 D.C.Code §16-2701 (110)Plaintiff, Cleta Wells, repeats and re-alleges each and every allegation set forth above with equal effect as if alleged herein. (111) On October 23, 1983, when the explosive device described above was detonated, Tandy W. Wells, a member of the United States Marine Corps, and a resident of and citizen of the United States, suffered fatal injuries. The death of Tandy W. Wells Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 65 of 222 66 was caused by a willful and deliberate act of extra judicial killing. The Defendants, through their agents, financed the attack, planned the attack and rendered material support to the activities of Hezbollah that resulted in the death of Tandy W. Wells. Those agents were at all times acting with the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. (112) The beneficiaries of Tandy W. Wells who survived him, namely, Cleta Wells, widow, Stella Wells George, sister, Frances Mangrum, sister, Edith Holland Wells, mother, Perry Glenn Wells, brother, Danny Holland Wells, brother, the Estate of Harold Dean Wells, brother, Michael Shane Wells, son, and Timothy Shon Wells, son, as a direct and proximate consequence of the actions of the Defendants hereinabove described, for which the Defendants are vicariously, jointly and severally, liable suffered pecuniary loss, including assistance to the beneficiaries, the loss of future earnings and accretions to the Estate of Tandy W. Wells, and funeral and burial expenses. WHEREFORE, Plaintiff, Cleta Wells, demands judgment on behalf of the Estate of Tandy W. Wells, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XLVI Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 66 of 222 67 ESTATE OF TANDY W. WELLS SURVIVAL CLAIM 12 D.C.Code §12-101 AND 28 U.S.C. §1605A (113) Plaintiff, Cleta Wells, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (114) Decedent, Tandy W. Wells, from the time of injury to his death thereafter, suffered extreme bodily pain and suffering as a result of the actions described above which were undertaken by the agents of the Defendants, and the Decedent thereby suffered damages in the amount of ten million dollars. WHEREFORE, Plaintiff, Cleta Wells, demands judgment on behalf of the Estate of Tandy W. Wells, jointly and severally, against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TEN MILLION DOLLARS ($10,000,000.00), besides costs. COUNT XLVII CLETA WELLS, et al. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (115) Plaintiff, Cleta Wells, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (116) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff and widow, Cleta Wells, Stella Wells George, sister, Frances Mangrum, sister, Edith Holland Wells, mother, Perry Glenn Wells, brother, Danny Holland Wells, brother, the Estate of Harold Dean Wells, brother, Michael Shane Wells, son, and Timothy Shon Wells, son, of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 67 of 222 68 Decedent, Tandy W. Wells, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Tandy W. Wells to cause severe emotional distress upon his widow, Cleta Wells, Stella Wells George, his sister, Frances Mangrum, his sister, Edith Holland Wells, his mother, Perry Glenn Wells, his brother, Danny Holland Wells, his brother, the Estate of Harold Dean Wells, his brother, Michael Shane Wells, his son, and Timothy Shon Wells, his son, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Cleta Wells, Stella Wells George, Frances Mangrum, Edith Holland Wells, Perry Glenn Wells, Danny Holland Wells, the Estate of Harold Dean Wells, Michael Shane Wells, and Timothy Shon Wells, have each thereby suffered damages in the amount of ten million dollars. WHEREFORE, Cleta Wells, for herself, Stella Wells George, Frances Mangrum, Edith Holland Wells, Perry Glenn Wells, Danny Holland Wells, the Estate of Harold Dean Wells, Michael Shane Wells, and Timothy Shon Wells, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 68 of 222 69 COUNT XLVIII ESTATE OF TANDY W. WELLS PUNITIVE DAMAGES PURSUANT TO 28 U.S.C. §1605A (117) The Plaintiff, Cleta Wells, Personal Representative of the Estate of Tandy W. Wells, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (118) The actions of the Defendants, carried out by their agents as described above, were malicious, willful, unlawful and in wanton disregard of life and the standards of law that govern the actions of civilized nations. The loss of life as above described was intended as a result by each Defendant. The Decedents and injured Plaintiffs were not engaged in war or in police duties. The actions of those who carried out the attack described were within the scope of their agency on behalf of the Defendants. In accordance with the provisions of 28 U.S.C. §1605A, the estate of each decedent and each surviving plaintiff are thereby entitled to punitive damages. WHEREFORE, the Plaintiff, Cleta Wells, Personal Representative of the Estate of Tandy W. Wells, prays that judgment be entered, jointly and severally, against The Islamic Republic of Iran and The Iranian Ministry of Information and Security, on behalf of each decedent and each surviving plaintiff, in the amount of TWO HUNDRED AND FIFTY MILLION DOLLARS ($250,000,000.00), besides costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 69 of 222 70 COUNT XLIX CLAIM OF JOHN SANTOS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT AND BATTERY (119) Plaintiff, John Santos, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (120) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, John Santos, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, John Santos, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT L CLAIMS OF JOHN SANTOS AND TRACY ANN SANTOS INDIVIDUALLY AND ON BEHALF OF ABBIGIAL ELIZABETH SANTOS ALEXANDRA ELIZABETH SANTOS, LIBBI ELIZABETH SANTOS LILLI ELIZABETH SANTOS AND COOPER JEFFREY SANTOS, ET AL FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS PURSUANT TO THE FEDERAL AND STATE COMMON LAW AND 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 70 of 222 71 (121) Plaintiffs, John Santos and Tracy Ann Santos, individually, and on behalf of Abbigial Elizabeth Santos, Alexandra Elizabeth Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos and Cooper Jeffrey Santos, and Raoul Santos, Mary Santos, Donna Duffy, Mary Cropper, Doreen Callahan, Cassie Lemire, Jean Winner, Kevin Santos, and Raoul Santos, individally, repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (122) John Santos and Tracy Ann Santos are the parents of Abbigial Elizabeth Santos (b. 2/5/90), Alexandra Elizabeth Santos (b. 8/28/91), Libbi Elizabeth Santos(b. 6/12/95), Lilli Elizabeth Santos (b. 9/7/96) and Cooper Jeffrey Santos (b. 5/26/99). The Plaintiffs, Raoul Santos (father), Mary Santos (mother), Donna Duffy (sister), Mary Cropper (sister), Doreen Callahan (sister), Cassie Lemire (sister), Jean Winner (sister), Kevin Santos (brother), and Raoul Santos(brother) bring claims individually. On October 23, 1983, Plaintiff, John Santos, was a member of the 24th Marine Amphibious Unit, 1st Battalion, 8th Marine Regiment. He suffered severe physical and emotional injuries as a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security. The injuries inflicted upon John Santos on said date constituted an act of terrorism and were caused by a willful and deliberate act of the agents of these Defendants who financed the attack, planned the attack, provided the suicide truck driver, provided the explosives and rendered material support to the activities of Hezbollah that resulted in the injuries to John Santos. Those agents were at all times acting within the scope of their agency and acted on the direction of the Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 71 of 222 72 (123) As a direct and proximate result of the attack on October 23, 1983, John Santos and Tracy Ann Santos and the children of John Santos and Tracy Ann Santos, Abbigial Elizabeth Santos, Alexandra Elizabeth Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos and Cooper Jeffrey Santos, and the Santos family, consisting of Raoul Santos, Mary Santos, Donna Duffy, Mary Cropper, Doreen Callahan, Cassie Lemire, Jean Winner, Kevin Santos, and Raoul Santos, suffered severe emotional injuries as a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, in that (1) the defendants, acting through their agent and employee, on or about September 26, 1983, instructed members of the Iranian Revolutionary Guards stationed at Baalback in the Bakaa Valley of Lebanon, to carry out a suicide attack upon the Marine Barracks in Beirut, Lebanon, which instructions were, after extensive preparation, carried out on October 23, 1983, by driving a truck carrying over 22,000 pounds of PETN, a high explosive, into the building inhabited by approximately 500 other members of the Armed Forces of the United States, and by their conduct they intentionally inflicted physical injury resulting in injury to John Santos which in turn resulted in severe emotional distress suffered by his children, Abbigial Elizabeth Santos, Alexandra Elizabeth Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos and Cooper Jeffrey Santos, and his mother, father, and siblings, Raoul Santos, Mary Santos, Donna Duffy, Mary Cropper, Doreen Callahan, Cassie Lemire, Jean Winner, Kevin Santos, and Raoul Santos. The conduct of these Defendants through their agents and employees as above described was far in excess of that found to be necessary to sustain the tort of intentional infliction of emotional distress. John Santos, Tracy Ann Santos, Abbigial Elizabeth Santos, Alexandra Elizabeth Santos, Libbi Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 72 of 222 73 Elizabeth Santos, Lilli Elizabeth Santos, Cooper Jeffrey Santos, Raoul Santos, Mary Santos, Donna Duffy, Mary Cropper, Doreen Callahan, Cassie Lemire, Jean Winner, Kevin Santos, and Raoul Santos have each thereby suffered damages in the amount of three million dollars. WHEREFORE, Plaintiffs, John Santos and Tracy Ann Santos, individually and on behalf of Abbigial Elizabeth Santos, Alexandra Elizabeth Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos and Cooper Jeffrey Santos, and Raoul Santos, Mary Santos, Donna Duffy, Mary Cropper, Doreen Callahan, Cassie Lemire, Jean Winner, Kevin Santos, and Raoul Santos, individually demand judgment for each in the amount of THREE MILLION DOLLARS ($3,000,000.00), besides costs. COUNT LI CLAIM OF JOHN SANTOS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (124) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (125) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, John Santos, endured extreme mental anguish and pain and suffering, suffered Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 73 of 222 74 the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, John Santos, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LII CLAIM OF JOHN SANTOS PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (126) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (127) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of John Santos’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 74 of 222 75 §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, John Santos, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LIII CLAIM OF GARY WAYNE ALLISON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMONLAW FOR BATTERY (128) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (129) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Gary Wayne Allison, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 75 of 222 76 Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Gary Wayne Allison, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LIV CLAIM OF GARY WAYNE ALLISON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR ASSAULT (130) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (131) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Gary Wayne Allison, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Gary Wayne Allison, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 76 of 222 77 Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LV CLAIM OF GARY WAYNE ALLISON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (132) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (133) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Gary Wayne Allison, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Gary Wayne Allison, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LVI CLAIM OF GARY WAYNE ALLISON PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 77 of 222 78 (134) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (135) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Gary Wayne Allison’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Gary Wayne Allison, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LVII CLAIM OF MARK BARTHOLOMEW PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 78 of 222 79 THE FEDERAL AND STATE COMMON LAW FOR BATTERY (136) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (137) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Mark Bartholomew, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Mark Bartholomew, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LVIII CLAIM OF MARK BARTHOLOMEW PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 79 of 222 80 (138) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (139) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Mark Bartholomew, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Mark Bartholomew, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LIX CLAIM OF MARK BARTHOLOMEW PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (140) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 80 of 222 81 (141) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Mark Bartholomew, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Mark Bartholomew, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LX CLAIM OF MARK BARTHOLOMEW PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (142) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (143) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Mark Bartholomew’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 81 of 222 82 acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Mark Bartholomew, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXI CLAIM OF ROBERT BRAGG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (144) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (145) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Robert Bragg, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 82 of 222 83 the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Robert Bragg, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXII CLAIM OF ROBERT BRAGG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (146) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (147) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Robert Bragg, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 83 of 222 84 WHEREFORE, Plaintiff, Robert Bragg, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXIII CLAIM OF ROBERT BRAGG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (148) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (149) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Robert Bragg, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Robert Bragg, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXIV CLAIM OF ROBERT BRAGG PURSUANT TO 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 84 of 222 85 PUNITIVE DAMAGES (150) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (151) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Robert Bragg’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Robert Bragg, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXV Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 85 of 222 86 CLAIM OF THOMAS D. BROWN, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (152) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (153) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Thomas D. Brown, Jr., inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Thomas D. Brown, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXVI CLAIM OF THOMAS D. BROWN, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 86 of 222 87 THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (154) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (155) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Thomas D. Brown, Jr., in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Thomas D. Brown, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXVII CLAIM OF THOMAS D. BROWN, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (156) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (157) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 87 of 222 88 of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Thomas D. Brown, Jr., endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Thomas D. Brown, Jr., demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXVIII CLAIM OF THOMAS D. BROWN, JR. PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (158) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (159) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Thomas D. Brown, Jr.’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 88 of 222 89 acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Thomas D. Brown, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXIX CLAIM OF JEANETTE ODOM AND DEBORAH VOGT PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (160) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (161) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Thomas D. Brown, Jr., with the intent to inflict emotional distress upon him and upon members of his family, Jeanette Odom (his mother) and Deborah Vogt (his sister), and as a direct result and proximate result of these Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 89 of 222 90 willful, wrongful and intentional acts of Hezbollah, Thomas D. Brown, Jr.’s family, consisting of his sister, and mother were caused to suffer severe emotional distress. WHEREFORE, Plaintiffs, Jeannette Odom and Deborah Vogt demand that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT LXX CLAIM OF MICHAEL CORRIGAN PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR BATTERY (162) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (163) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Michael Corrigan, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 90 of 222 91 willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Michael Corrigan, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXI CLAIM OF MICHAEL CORRIGAN PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (164) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (165) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Michael Corrigan, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 91 of 222 92 physical injury and pain and suffering. WHEREFORE, Plaintiff, Michael Corrigan, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXII CLAIM OF MICHAEL CORRIGAN PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (166) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (167) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Michael Corrigan, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Michael Corrigan, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 92 of 222 93 Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXIII CLAIM OF MICHAEL CORRIGAN PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (168) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (169) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Michael Corrigan’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 93 of 222 94 WHEREFORE, Plaintiff, Michael Corrigan, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXXIV CLAIM OF EARL GUY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (170) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (171) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Earl Guy, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Earl Guy, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 94 of 222 95 Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXV CLAIM OF EARL GUY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (172) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (173) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Earl Guy, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Earl Guy, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXVI CLAIM OF EARL GUY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 95 of 222 96 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (174) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (175) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Earl Guy, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Earl Guy, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXVII CLAIM OF EARL GUY PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (176) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (177) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Earl Guy’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 96 of 222 97 Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Earl Guy, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXXVIII CLAIM OF JOAN M. CRAWFORD, IAN GUY, EDDIE GUY, JR., AND ADAM GUY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (178) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (179) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Earl Guy, with the intent to inflict emotional Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 97 of 222 98 distress upon him and upon members of his family, Joan M. Crawford (his sister), Ian Guy (his brother), Eddie Guy, Jr. (his brother), and Adam Guy (his brother), and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Earl Guy’s family, consisting of his sister, and mother were caused to suffer severe emotional distress. WHEREFORE, Plaintiffs, Joan M. Crawford, Ian Guy, Eddie Guy, Jr., and Adam Guy, demand that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT LXXIX CLAIM OF DONALD HAMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (180) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (181) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Donald Hammons, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 98 of 222 99 Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Donald Hammons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXX CLAIM OF DONALD HAMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (182) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (183) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Donald Hammons, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Donald Hammons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 99 of 222 100 Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXI CLAIM OF DONALD HAMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (184) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (185) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Donald Hammons, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Donald Hammons, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXII CLAIM OF DONALD HAMMONS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 100 of 222 101 PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (187) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (188) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Donald Hammons’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Donald Hammons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 101 of 222 102 COUNT LXXXIII CLAIM OF THOMAS HOKE PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (189) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (190) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Thomas Hoke, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Thomas Hoke, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXIV CLAIM OF THOMAS HOKE PURSUANT TO 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 102 of 222 103 AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (191) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (192) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Thomas Hoke, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Thomas Hoke, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXV CLAIM OF THOMAS HOKE PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (193) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 103 of 222 104 (194) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Thomas Hoke, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Thomas Hoke, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXVI CLAIM OF THOMAS HOKE PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (195) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (196) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Thomas Hoke’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 104 of 222 105 the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Thomas Hoke, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT LXXXVII CLAIM OF GLENN W. HOLLIS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (197) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (198) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Glenn W. Hollis, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 105 of 222 106 willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Glenn W. Hollis, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXVIII CLAIM OF GLENN W. HOLLIS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (199) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (200) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Glenn W. Hollis, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Glenn W. Hollis, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 106 of 222 107 Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT LXXXIX CLAIM OF GLENN W. HOLLIS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (201) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (202) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Glenn W. Hollis, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Glenn W. Hollis, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XC CLAIM OF GLENN W. HOLLIS PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (203) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 107 of 222 108 (204) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Glenn W. Hollis’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Glenn W. Hollis, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT XCI CLAIM OF JANE COSTA AND THE ESTATE OF ANN HOLLIS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 108 of 222 109 THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (205) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (206) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Glenn W. Hollis, with the intent to inflict emotional distress upon him and upon members of his family, Jane Costa (his sister) and the Estate of Ann Hollis (his wife), and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Glenn W. Hollis’s family, consisting of his sister, and wife were caused to suffer severe emotional distress. WHEREFORE, Plaintiffs, Jane Costa and the estate of Ann Hollis, demand that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT XCII CLAIM OF KEVIN JIGGETTS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (207) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 109 of 222 110 (208) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Kevin Jiggetts, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Kevin Jiggetts, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XCIII CLAIM OF KEVIN JIGGETTS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (209) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 110 of 222 111 (209) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Kevin Jiggetts, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Kevin Jiggetts, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XCIV CLAIM OF KEVIN JIGGETTS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (210) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (211) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Kevin Jiggetts, endured extreme mental anguish and pain and suffering, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 111 of 222 112 suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Kevin Jiggetts, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XCV CLAIM OF KEVIN JIGGETTS PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (212) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (213) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Kevin Jiggetts’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 112 of 222 113 §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Kevin Jiggetts, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT XCVI CLAIM OF DONALD LONG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (214) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (215) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Donald Long, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 113 of 222 114 WHEREFORE, Plaintiff, Donald Long, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XCVII CLAIM OF DONALD LONG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (216) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (217) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Donald Long, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Donald Long, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 114 of 222 115 Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT XCVIII CLAIM OF DONALD LONG PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (218) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (219) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Donald Long, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Donald Long, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 115 of 222 116 COUNT XCIX CLAIM OF DONALD LONG PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (220) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (221) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Donald Long’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Donald Long, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 116 of 222 117 of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT C CLAIM OF ROBERT LYNCH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (222) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (223) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Robert Lynch, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 117 of 222 118 WHEREFORE, Plaintiff, Robert Lynch, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CI CLAIM OF ROBERT LYNCH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (224) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (225) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Robert Lynch, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Robert Lynch, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 118 of 222 119 Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CII CLAIM OF ROBERT LYNCH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (226) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (227) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Robert Lynch, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Robert Lynch, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 119 of 222 120 COUNT CIII CLAIM OF ROBERT LYNCH PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (228) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (229) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Robert Lynch’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Robert Lynch, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 120 of 222 121 of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CIV CLAIM OF TIM MCCOSKEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (230) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (231) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Tim McCoskey, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Tim McCoskey, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 121 of 222 122 COUNT CV CLAIM OF TIM MCCOSKEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (232) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (233) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Tim McCoskey, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Tim McCoskey, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CVI CLAIM OF TIM MCCOSKEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 122 of 222 123 (234) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (235) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Tim McCoskey, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Tim McCoskey, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CVII CLAIM OF TIM MCCOSKEY PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (236) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (237) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Tim McCoskey’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 123 of 222 124 Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Tim McCoskey, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CVIII CLAIM OF RONALD L. MOORE PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (238) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (239) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Ronald L. Moore, inflicting severe and permanent injuries upon him Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 124 of 222 125 resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Ronald L. Moore, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CIX CLAIM OF RONALD L. MOORE PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (240) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (241) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Ronald L. Moore, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 125 of 222 126 Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Ronald L. Moore, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CX CLAIM OF RONALD L. MOORE PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (242) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (243) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Ronald L. Moore, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Ronald L. Moore, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 126 of 222 127 COUNT CXI CLAIM OF RONALD L. MOORE PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (244) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (245) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Ronald L. Moore’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 127 of 222 128 WHEREFORE, Plaintiff, Ronald L. Moore, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXII CLAIM OF JOHN W. NASH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (246) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (247) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, John W. Nash, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, John W. Nash, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 128 of 222 129 of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXIII CLAIM OF JOHN W. NASH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (248) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (249) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, John W. Nash, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, John W. Nash, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 129 of 222 130 COUNT CXIV CLAIM OF JOHN W. NASH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (250) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (251) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, John W. Nash, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, John W. Nash, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXV CLAIM OF JOHN W. NASH PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (252) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 130 of 222 131 (253) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of John W. Nash’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, John W. Nash, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 131 of 222 132 COUNT CXVI CLAIM OF ROSE ANN NASH, ESTATE OF FRANK E. NASH, WILLIAM H. NASH, MARK S. NASH, FRANK E. NASH, JR., JAKI MILLIKEN, AND ROSEMARIE VLIET PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (254) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (255) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against John W. Nash, with the intent to inflict emotional distress upon him and upon members of his family, Rose Ann Nash (his mother), the Estate of Frank E. Nash (his father), William H. Nash (his brother), Mark S. Nash (his brother), Frank E. Nash, Jr. (his brother), Jaki Milliken (his sister), and Rosemarie Vliet (his sister), and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, John W. Nash’s family, consisting of his sister, and wife were caused to suffer severe emotional distress. WHEREFORE, Plaintiffs, Rose Ann Nash, the Estate of Frank E. Nash, William H. Nash, Mark S. Nash, Frank E. Nash, Jr., Jaki Milliken, and Rosemarie Vliet, demand that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 132 of 222 133 COUNT CXVII CLAIM OF JAMES MICHAEL PUCKETT PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (256) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (257) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, James Michael Puckett, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, James Michael Puckett, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 133 of 222 134 COUNT CXVIII CLAIM OF JAMES MICHAEL PUCKETT PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (258) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (259) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, James Michael Puckett, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, James Michael Puckett, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 134 of 222 135 COUNT CXIX CLAIM OF JAMES MICHAEL PUCKETT PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (260) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (261) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, James Michael Puckett, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, James Michael Puckett, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXX CLAIM OF JAMES MICHAEL PUCKETT PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (262) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 135 of 222 136 (263) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of James Michael Puckett’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, James Michael Puckett, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 136 of 222 137 COUNT CXXI CLAIM OF RONALD PUTNAM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (264) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (265) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Ronald Putnam, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Ronald Putnam, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 137 of 222 138 COUNT CXXII CLAIM OF RONALD PUTNAM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (266) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (267) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Ronald Putnam, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Ronald Putnam, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXIII CLAIM OF RONALD PUTNAM Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 138 of 222 139 PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (268) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (269) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Ronald Putnam, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Ronald Putnam, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXIV CLAIM OF RONALD PUTNAM PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (270) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (271) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Ronald Putnam’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 139 of 222 140 and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Ronald Putnam, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXXV CLAIM OF BRUCE H. RICHARDSON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (272) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 140 of 222 141 (273) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Bruce H. Richardson, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Bruce H. Richardson, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXVI CLAIM OF BRUCE H. RICHARDSON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (274) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (275) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Bruce H. Richardson, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 141 of 222 142 wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Bruce H. Richardson, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXVII CLAIM OF BRUCE H. RICHARDSON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (276) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (277) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Bruce H. Richardson, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Bruce H. Richardson, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 142 of 222 143 Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXVIII CLAIM OF BRUCE H. RICHARDSON PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (278) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (279) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Bruce H. Richardson’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 143 of 222 144 WHEREFORE, Plaintiff, Bruce H. Richardson, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXXIX CLAIM OF ELIZABETH M. RICHARDSON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (280) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (281) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Bruce H. Richardson, with the intent to inflict emotional distress upon him and his daughter, Elizabeth M. Richardson, and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Bruce H. Richardson’s family, consisting of his daughter were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Elizabeth M. Richardson, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CXXX CLAIM OF THOMAS RUTTER Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 144 of 222 145 PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (282) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (283) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Thomas Rutter, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Thomas Rutter, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXI CLAIM OF THOMAS RUTTER PURSUANT TO 28 U.S.C. §1605A Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 145 of 222 146 AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (284) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (285) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Thomas Rutter, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Thomas Rutter, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXII CLAIM OF THOMAS RUTTER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 146 of 222 147 THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (286) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (287) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Thomas Rutter, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Thomas Rutter, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXIII CLAIM OF THOMAS RUTTER PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (288) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (289) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Thomas Rutter’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 147 of 222 148 and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Thomas Rutter, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXXXIV CLAIM OF JOSEPH RICHARD SCHNEIDER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 148 of 222 149 (290) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (291) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Joseph Richard Schneider, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Joseph Richard Schneider, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXV CLAIM OF JOSEPH RICHARD SCHNEIDER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 149 of 222 150 (292) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (293) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Joseph Richard Schneider, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Joseph Richard Schneider, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXVI CLAIM OF JOSEPH RICHARD SCHNEIDER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 150 of 222 151 (294) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (295) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Joseph Richard Schneider, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Joseph Richard Schneider, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXXXVII CLAIM OF JOSEPH RICHARD SCHNEIDER PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (296) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (297) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Joseph Richard Schneider’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 151 of 222 152 Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Joseph Richard Schneider, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXXXVIII CLAIM OF MORRIS SCHNEIDER AND JACQUELINE GIBSON PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 152 of 222 153 (298) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (299) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Joseph Richard Schneider, with the intent to inflict emotional distress upon him and his father, Morris Schneider, and his daughter, Jacqueline Gibson, and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Joseph Richard Schneider’s family, consisting of his daughter and father, were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Morris Schneider and Jacqueline Gibson, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CXXXIX CLAIM OF PAUL SEGARRA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (300) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (301) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Paul Segarra, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 153 of 222 154 extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Paul Segarra, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXL CLAIM OF PAUL SEGARRA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (302) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (303) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Paul Segarra, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 154 of 222 155 Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Paul Segarra, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLI CLAIM OF PAUL SEGARRA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (304) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (305) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Paul Segarra, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Paul Segarra, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 155 of 222 156 COUNT CXLII CLAIM OF PAUL SEGARRA PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (306) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (307) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Paul Segarra’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Paul Segarra, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 156 of 222 157 of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXLIII CLAIM OF STEVEN MICHAEL SHAPURAS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (308) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (309) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Steven Michael Shapuras, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Steven Michael Shapuras, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLIV CLAIM OF STEVEN MICHAEL SHAPURAS Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 157 of 222 158 PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (310) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (311) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Steven Michael Shapuras, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Steven Michael Shapuras, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLV CLAIM OF STEVEN MICHAEL SHAPURAS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (312) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 158 of 222 159 (313) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Steven Michael Shapuras, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Steven Michael Shapuras, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLVI CLAIM OF STEVEN MICHAEL SHAPURAS PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (314) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (315) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Steven Michael Shapuras’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 159 of 222 160 Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Steven Michael Shapuras, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CXLVII CLAIM OF DAVID W. SHARP PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (316) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (317) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, David W. Sharp, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 160 of 222 161 the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, David W. Sharp, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLVIII CLAIM OF DAVID W. SHARP PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (318) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (319) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, David W. Sharp, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 161 of 222 162 WHEREFORE, Plaintiff, David W. Sharp, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CXLIX CLAIM OF DAVID W. SHARP PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (320) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (321) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, David W. Sharp, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, David W. Sharp, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CL CLAIM OF DAVID W. SHARP PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 162 of 222 163 (322) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (323) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of David W. Sharp’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, David W. Sharp, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLI CLAIM OF THOMAS SHARP AND DAVENE SHARP PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 163 of 222 164 THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (324) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (325) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against David W. Sharp, with the intent to inflict emotional distress upon him and his parents, Thomas and Davene Sharp, and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, David W. Sharp’s family, consisting of his parents, were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Thomas Sharp and Davene Sharp, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CLII CLAIM OF CHARLES SIMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (326) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (327) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 164 of 222 165 body of the Plaintiff, Charles Simmons, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Charles Simmons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLIII CLAIM OF CHARLES SIMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (328) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (329) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Charles Simmons, in fear and apprehension of harm as a direct Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 165 of 222 166 result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Charles Simmons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLIV CLAIM OF CHARLES SIMMONS PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (330) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (331) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 166 of 222 167 Plaintiff, Charles Simmons, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Charles Simmons, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLV CLAIM OF CHARLES SIMMONS PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (332) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (333) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Charles Simmons’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 167 of 222 168 accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Charles Simmons, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLVI CLAIM OF EDWARD J. STREKER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (334) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (335) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Edward J. Streker, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 168 of 222 169 Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Edward J. Streker, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLVII CLAIM OF EDWARD J. STREKER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (336) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (337) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Edward J. Streker, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Edward J. Streker, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 169 of 222 170 Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLVIII CLAIM OF EDWARD J. STREKER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (338) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (339) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Edward J. Streker, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Edward J. Streker, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLIX CLAIM OF EDWARD J. STREKER PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (340) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 170 of 222 171 (341) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Edward J. Streker’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Edward J. Streker, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLX CLAIM OF JOHN TURNER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 171 of 222 172 (342) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (343) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, John Turner, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, John Turner, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXI CLAIM OF JOHN TURNER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (344) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (345) The members of Hezbollah, as above alleged, intentionally and willfully Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 172 of 222 173 placed the Plaintiff, John Turner, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, John Turner, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXII CLAIM OF JOHN TURNER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (346) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (347) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, John Turner, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 173 of 222 174 WHEREFORE, Plaintiff, John Turner, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXIII CLAIM OF JOHN TURNER PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (348) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (349) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of John Turner’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 174 of 222 175 under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, John Turner, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLXIV CLAIM OF JUDY TURNER PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (350) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (351) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against John Turner, with the intent to inflict emotional distress upon him and his wife, Judy Turner, and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, John Turner’s family, consisting of his wife, were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Judy Turner, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 175 of 222 176 COUNT CLXV CLAIM OF THOMAS ANDREW WALSH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (352) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (353) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Thomas Andrew Walsh, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Thomas Andrew Walsh, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXVI CLAIM OF THOMAS ANDREW WALSH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 176 of 222 177 FOR ASSAULT (354) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (355) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Thomas Andrew Walsh, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Thomas Andrew Walsh, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXVII CLAIM OF THOMAS ANDREW WALSH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (356) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (357) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 177 of 222 178 of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Thomas Andrew Walsh, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Thomas Andrew Walsh, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXVIII CLAIM OF THOMAS ANDREW WALSH PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (358) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (359) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Thomas Andrew Walsh’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 178 of 222 179 funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Thomas Andrew Walsh, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLXIX CLAIM OF CHARLES WALSH, RUTH WALSH, PAT CAMPBELL, RACHEL WALSH, TIMOTHY WALSH, MICHAEL WALSH, AND SEAN WALSH PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (360) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (361) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Thomas Andrew Walsh, with the intent to inflict emotional distress upon him and family, Charles Walsh, Ruth Walsh, Pat Campbell, Rachel Walsh, Tim Walsh, Mike Walsh, and Sean Walsh, and as a direct Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 179 of 222 180 result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Thomas Andrew Walsh’s family, consisting of his parents and siblings, were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Charles Walsh, Ruth Walsh, Pat Campbell, Rachel Walsh, Tim Walsh, Mike Walsh, and Sean Walsh, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CLXX CLAIM OF BRYAN K. WESTRICK PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (362) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (363) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Bryan K. Westrick, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 180 of 222 181 Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Bryan K. Westrick, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXI CLAIM OF BRYAN K. WESTRICK PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (364) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (365) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Bryan K. Westrick, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 181 of 222 182 WHEREFORE, Plaintiff, Bryan K. Westrick, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXII CLAIM OF BRYAN K. WESTRICK PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (366) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (367) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Bryan K. Westrick, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Bryan K. Westrick, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 182 of 222 183 Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXIII CLAIM OF BRYAN K. WESTRICK PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (368) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (369) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Bryan K. Westrick’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 183 of 222 184 WHEREFORE, Plaintiff, Bryan K. Westrick, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLXXIV CLAIM OF ANDREW K. WESTRICK, AARON M. WESTRICK, JOHN WESTRICK, PATRICIA WESTRICK, AND WHITNEY R. WESTRICK PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (370) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (371) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Bryan K. Westrick, with the intent to inflict emotional distress upon him and family, Andrew K. Westrick, Aaron M. Westrick, John Westrick, Patricia Westrick, and Whitney R. Westrick, and as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Bryan K. Westrick’s family, consisting of his parents and siblings, were caused to suffer severe emotional distress. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 184 of 222 185 WHEREFORE, Plaintiff, Andrew K. Westrick, Aaron M. Westrick, John Westrick, Patricia Westrick, and Whitney R. Westrick, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CLXXV CLAIM OF GERALD WILKES, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (372) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (373) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Gerald Wilkes, Jr., inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 185 of 222 186 Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Gerald Wilkes, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXVI CLAIM OF GERALD WILKES, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (374) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (375) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Gerald Wilkes, Jr., in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 186 of 222 187 WHEREFORE, Plaintiff, Gerald Wilkes, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXVII CLAIM OF GERALD WILKES, JR. PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (376) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (377) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Gerald Wilkes, Jr., endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Gerald Wilkes, Jr., demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 187 of 222 188 Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXVIII CLAIM OF GERALD WILKES, JR. PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (378) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (379) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Gerald Wilkes, Jr.’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 188 of 222 189 WHEREFORE, Plaintiff, Gerald Wilkes, Jr., demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLXXIX CLAIM OF GERALD WILKES, III, JUSTIN WILKES, JOSHUA WILKES, GERALD WILKES, SR. AND PEGGIE WILKES PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (380) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (381) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Gerald Wilkes, Jr., with the intent to inflict emotional distress upon him and parents, Gerald Wilkes, Sr., and Peggie Wilkes, and his children, Gerald Wilkes, III, Justin Wilkes, and Joshua Wilkes, as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Gerald Wilkes, Jr.’s family, consisting of his parents and children, were caused to suffer severe emotional distress. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 189 of 222 190 WHEREFORE, Plaintiff, Gerald Wilkes, III, Justin Wilkes, Joshua Wilkes, Gerald Wilkes, Sr., and Peggie Wilkes, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CLXXX CLAIM OF MICHAEL ZILKA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY (382) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (383) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Michael Zilka, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 190 of 222 191 WHEREFORE, Plaintiff, Michael Zilka, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXXI CLAIM OF MICHAEL ZILKA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT (384) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (385) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Michael Zilka, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Michael Zilka, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 191 of 222 192 COUNT CLXXXII CLAIM OF MICHAEL ZILKA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (386) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (387) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff, Michael Zilka, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Michael Zilka, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CLXXXIII CLAIM OF MICHAEL ZILKA PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (388) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (389) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Michael Zilka’s rights and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 192 of 222 193 physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Michael Zilka, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CLXXXIV CLAIM OF SUE ZILKA, MICHAEL ZILKA, JR., COURTNEY ZILKA, CHRISTOPHER ZILKA, AND MYRIAH ZILKA PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (390) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 193 of 222 194 (391) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Michael Zilka, with the intent to inflict emotional distress upon him, his wife, Sue Zilka, and children, Michael Zilka, Jr., Courtney Zilka, Christopher Zilka, and Myriah Zilka, as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Michael Zilka’s family, consisting of his wife and children, were caused to suffer severe emotional distress. WHEREFORE, Plaintiff, Sue Zilka, Michael Zilka, Jr., Courtney Zilka, Christopher Zilka, and Myriah Zilka, demand that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CLXXXV ARTHUR JOHNSON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (392) Plaintiff, Arthur Johnson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (393) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 194 of 222 195 half-brother, of James Baynard, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon James Baynard to cause severe emotional distress upon his half-brother, Arthur Baynard, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Arthur Baynard has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Arthur Baynard, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CLXXXVI MECOT ECHO CAMARA, THERESA RIGGS, AND ELISA CAMARA THOMPSON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (394)Plaintiff, Mecot Echo Camara, Theresa Riggs, and Elisa Camara Thompson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 195 of 222 196 (395) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiffs and son and sisters, of Mecot Camara, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Mecot Camara to cause severe emotional distress upon his son, Mecot Echo Camara, and sisters, Theresa Riggs and Elisa Camara Thompson, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Mecot Echo Camara, Theresa Riggs, and Elisa Camara Thompson have thereby suffered damages in the amount of ten million dollars. WHEREFORE, Mecot Echo Camara, Theresa Riggs, and Elisa Camara Thompson, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CLXXXVII THE ESTATE OF MANUAL MASSA, SR. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (396) Plaintiff, the Estate of Manual Massa, Sr., repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (397) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 196 of 222 197 father, of David Massa, have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon David Massa to cause severe emotional distress upon his father, Manual Massa, Sr., (now deceased) beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. The Estate of Manual Massa, Sr. has thereby suffered damages in the amount of ten million dollars. WHEREFORE, The Estate of Manual Massa, Sr., demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CLXXXVIII JENNIFER PAGE NELSON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (398) Plaintiff, Jennifer Page Nelson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (399) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff and widow, of Connie Ray Page, has suffered extraordinary grief and mental anguish, in that Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 197 of 222 198 the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Connie Ray Page to cause severe emotional distress upon his widow, Jennifer Page Nelson, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Jennifer Page Nelson has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Jennifer Page Nelson, demands judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CLXXXIX TIMOTHY PRICE AND THE ESTATE OF BETTY LOU PRICE SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (400) Plaintiff, Timothy Price and the Estate of Betty Lou Price, repeats and re- alleges each and every allegation set forth above with like effect as if alleged herein. (401) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the brother and mother, of James Price, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 198 of 222 199 infliction of physical injury resulting in death upon James Price to cause severe emotional distress upon his brother and mother (now deceased), Timothy Price and the Estate of Betty Lou Price, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Timothy Price and the Estate of Betty Lou Price have thereby suffered damages in the amount of ten million dollars. WHEREFORE, Timothy Price and the Estate of Betty Lou Price, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXC PATRICIA FITZGERALD WASHINGTON AND GERALD FOISTER SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (402) Plaintiff, Patricia Fitzgerald Washington and Gerald Foister, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (403) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the widow and brother, of Eric Glenn Washington, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Eric Glenn Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 199 of 222 200 Washington to cause severe emotional distress upon his widow and brother, Patricia Fitzgerald Washington and Gerald Foister, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Patricia Fitzgerald Washington and Gerald Foister have thereby suffered damages in the amount of ten million dollars. WHEREFORE, Patricia Fitzgerald Washington and Gerald Foister, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCI THE ESTATE OF DOROTHY WILLIAMS SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (404) Plaintiff, the Estate of Dorothy Williams, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (405) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff, the mother, of Scipio Williams, Jr., has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Scipio Williams, Jr. to cause severe emotional distress upon his mother, The Estate of Dorothy Williams, beneficiaries of this Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 200 of 222 201 action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. The Estate of Dorothy Williams has thereby suffered damages in the amount of ten million dollars. WHEREFORE, The Estate of Dorothy Williams, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCII BILL WILLIAMSON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (406) Plaintiff, Bill Williamson, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (407) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff, the father, of Johnny Adam Williamson, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury resulting in death upon Johnny Adam Williamson to cause severe emotional distress upon his father, Bill Williamson, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 201 of 222 202 bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Decedents family was so severe that no reasonable person could be expected to endure it. Bill Williamson has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Bill Williamson, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCIII FAITH ALBRIGHT, MARVIN ALBRIGHT, JR., MEREQUIN ALBRIGHT, AND SHATERIA ALBRIGHT SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (408) Plaintiffs, Faith Albright, Marvin Albright, Jr., Merequin Albright, and Shateria Albright, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (409) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the wife and children, of Marvin Albright, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Marvin Albright to cause severe emotional distress upon his family, Faith Albright, Marvin Albright, Jr., Merequin Albright, and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 202 of 222 203 Shateria Albright, beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Albright family was so severe that no reasonable person could be expected to endure it. Faith Albright, Marvin Albright, Jr., Merequin Albright, and Shateria Albright have thereby suffered damages in the amount of ten million dollars. WHEREFORE, Faith Albright, Marvin Albright, Jr., Merequin Albright, and Shateria Albright, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCIV ANTHONY BANKS, JR. SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (410) Plaintiff, Anthony Banks, Jr., repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (411) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff, the child, of Anthony Banks, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Anthony Banks to cause severe emotional distress upon his family, Anthony Banks, Jr., beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 203 of 222 204 distress suffered by the Banks family was so severe that no reasonable person could be expected to endure it. Anthony Banks, Jr., has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Anthony Banks, Jr., demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCV CHRISTOPHER BURNETTE, MICHELLE BURNETTE, EVAN BURNETTE, CONNIE DECKER, GWEN BURNETTE, GWEN WOODCOCK, AND LISA BURLEYSON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (412) Plaintiff’s, Christopher Burnette, Michelle Burnette, Evan Burnette, Connie Decker, Gwen Burnette, Gwen Woodcock, and Lisa Burleyson, repeats and re- alleges each and every allegation set forth above with like effect as if alleged herein. (413) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the children, sisters, and mother, of Rodney Darrell Burnette, has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Rodney Darrell Burnette to cause severe emotional distress upon his family, Christopher Burnette (son), Michelle Burnette (daughter), Evan Burnette (son), Connie Decker (sister), Gwen Burnette (sister), Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 204 of 222 205 Gwen Woodcock (mother), and Lisa Burleyson (ex-wife), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Burnette family was so severe that no reasonable person could be expected to endure it. Christopher Burnette, Michelle Burnette, Evan Burnette, Connie Decker, Gwen Burnette, Gwen Woodcock, and Lisa Burleyson, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Christopher Burnette, Michelle Burnette, Evan Burnette, Connie Decker, Gwen Burnette, Gwen Woodcock, and Lisa Burleyson, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCVI DALE COMES AND TOMMY COMES SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (414) Plaintiff’s, Dale Comes and Tommy Comes, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (415) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the son and brother, of Frank Comes, Jr., has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Frank Comes, Jr. to cause severe emotional distress upon his family, Dale Comes (son) and Tommy Comes (brother), beneficiaries of Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 205 of 222 206 this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Comes family was so severe that no reasonable person could be expected to endure it. Dale Comes and Tommy Comes, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Dale Comes and Tommy Comes, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCVII CHRISTOPHER EAVES, INDIA EAVES, DAVID EAVES, SYLVIA EAVES, THE ESTATE OF FRANCES ELIZABETH EAVES, AND THE ESTATE OF NINA EAVES STOCKWELL SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (416) Plaintiff’s, Christopher Eaves, India Eaves, David Eaves, Sylvia Eaves the Estate of Frances Elizabeth Eaves, and the Estate of Nina Eaves Stockwell, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (417) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the son, daughter, wife, mother and siblings of Frederick Daniel Eaves has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Frederick Daniel Eaves to cause severe emotional distress upon his family, Christopher Eaves (son), India Eaves (daughter), David Eaves (brother), Sylvia Eaves (wife) Frances Elizabeth Eaves Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 206 of 222 207 (deceased mother), and Nina Eaves Stockwell (deceased sister), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Eaves family was so severe that no reasonable person could be expected to endure it. Christopher Eaves, India Eaves, David Eaves, Sylvia Eaves the Estate of Frances Elizabeth Eaves, and the Estate of Nina Eaves Stockwell, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Christopher Eaves, India Eaves, David Eaves, Sylvia Eaves, the Estate of Frances Elizabeth Eaves, and the Estate of Nina Eaves Stockwell, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCVIII JOSEPH MATTHEW GARNER, JUSTINA NICOLE GARNER, REVA PAIGE GARNER, AND PENNY GARNER SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (418) Plaintiff’s, Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, and Penny Garner, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (419) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the son, daughters, and wife of Truman Dale Garner has suffered extraordinary grief and Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 207 of 222 208 mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Truman Dale Garner to cause severe emotional distress upon his family, Joseph Matthew Garner (son), Justina Nicole Garner (daughter), Reva Paige Garner (daughter), and Penny Garner (wife), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Garner family was so severe that no reasonable person could be expected to endure it. Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, and Penny Garner, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, and Penny Garner, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CXCIX CHADWICK MATTHEWS AND DREW MATTHEWS SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (420) Plaintiff’s, Chadwick Matthews and Drew Matthews, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (421) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the sons of Burnham Matthews has suffered extraordinary grief and mental anguish, in that Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 208 of 222 209 the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Burnham Matthews to cause severe emotional distress upon his family, Chadwick Matthews (son), and Drew Matthews (son) beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Matthews family was so severe that no reasonable person could be expected to endure it. Chadwick Matthews and Drew Matthews, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Chadwick Matthews and Drew Matthews, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CC DEBORAH WISE SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (422) Plaintiff’s, Debra Wise, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (423) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the sister of Timothy Mitchell has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Timothy Mitchell to cause severe emotional distress upon his Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 209 of 222 210 sister, Debra Wise, beneficiary of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Mitchell family was so severe that no reasonable person could be expected to endure it. Debra Wise, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Debra Wise, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCI JEREMY RIVERS, PAUL RIVERS, BERNICE RIVERS, AND SANDRA RIVERS SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (424) Plaintiff’s, Jeremy Rivers, Paul Rivers, Bernice Rivers, and Sandra Rivers, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (425) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the sons, wife, and mother, of Paul Rivers has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Paul Rivers to cause severe emotional distress upon his family, Jeremy Rivers(son), Paul Rivers (son), Bernice Rivers (mother), and Sandra Rivers (wife), beneficiaries of this action and the conduct above described was so Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 210 of 222 211 extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Rivers family was so severe that no reasonable person could be expected to endure it. Jeremy Rivers, Paul Rivers, Bernice Rivers, and Sandra Rivers, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Jeremy Rivers, Paul Rivers, Bernice Rivers, and Sandra Rivers, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCII BARBARA ANN RUSSELL, ROBERT EMMETT RUSSELL, GLENN EDWARD RUSSELL, CHARLES EDWARD RUSSELL, JR., JEAN LOUISE BROWN, NANCY MACDONALD, DIANE CAROL HIGGINS, THE ESTATE OF THOMAS WILLIAM RUSSELL, AND RICHARD LYNDE FOLEY SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERALAND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (426) Plaintiff’s, Barbara Ann Russell, Robert Emmett Russell, Glenn Edward Russell, Charles Edward Russell, Jr., Jean Louise Brown, Nancy MacDonald, Diane Carol Higgins, the Estate of Thomas William Russell, and Richard Lynde Foley, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (427) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the mother and siblings, of Stephen Russell has suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 211 of 222 212 through infliction of physical injury upon Stephen Russell to cause severe emotional distress upon his family, Barbara Ann Russell (mother), Robert Emmett Russell (brother), Glenn Edward Russell (brother), Charles Edward Russell (brother), Jean Louise Brown (sister), Nancy MacDonald (sister), Diane Carol Higgins (sister), Thomas William Russell (deceased brother), and Richard Lynde Foley (half-brother), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Russell family was so severe that no reasonable person could be expected to endure it. Barbara Ann Russell, Robert Emmett Russell, Glenn Edward Russell, Charles Edward Russell, Jr., Jean Louise Brown, Nancy MacDonald, Diane Carol Higgins, the Estate of Thomas William Russell, and Richard Lynde Foley, has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Barbara Ann Russell, Robert Emmett Russell, Glenn Edward Russell, Charles Edward Russell, Jr., Jean Louise Brown, Nancy MacDonald, Diane Carol Higgins, the Estate of Thomas William Russell, and Richard Lynde Foley, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCIII CHARLES FRYE, JR., GINA FRYE, LINCOLN FRYE, AND RANDALL FRYE SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (428) Plaintiff’s, Charles Frye, Jr., Gina Frye, Lincoln Frye, and Randall Frye, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 212 of 222 213 repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (429) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the children, of Charles Frye have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Charles Frye to cause severe emotional distress upon his family, Charles Frye (son), Gina Frye (daughter), Lincoln Frye (son), and Randall Frye (son), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Frye family was so severe that no reasonable person could be expected to endure it. Charles Frye, Jr., Gina Frye, Lincoln Frye, and Randall Frye has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Charles Frye, Jr., Gina Frye, Lincoln Frye, and Randall Frye, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCIV JACK DARRELL HUNT, MARCY ELIZABETH HUNT, MENDY LEIGH HUNT, AND MOLLY FAY HUNT SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (430) Plaintiff’s, Jack Darrell Hunt, Marcy Elizabeth Hunt, Mendy Leigh Hunt, Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 213 of 222 214 and Molly Fay Hunt, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (431) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the children, of Orval Hunt have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Orval Hunt to cause severe emotional distress upon his family, Jack Darrell Hunt (son), Marcy Elizabeth Hunt (daughter), Mendy Leigh Hunt (daughter), and Molly Fay Hunt (daughter), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Hunt family was so severe that no reasonable person could be expected to endure it. Jack Darrell Hunt, Marcy Elizabeth Hunt, Mendy Leigh Hunt, and Molly Fay Hunt has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Jack Darrell Hunt, Marcy Elizabeth Hunt, Mendy Leigh Hunt, and Molly Fay Hunt, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCV CLAIM OF RICHARD DUDLEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR BATTERY Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 214 of 222 215 (432) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (433) On October 23, 1983 members of Hezbollah by use of an explosive device as above described, willfully, violently and forcefully battered and did violence to the body of the Plaintiff, Richard Dudley, inflicting severe and permanent injuries upon him resulting in great pain and suffering, which injuries required and continue to require extensive medical treatment, have necessitated the expenditure of funds, inter alia, for hospitals, physician’s services, nursing care, and rehabilitation treatment, have deprived the Plaintiff of earning capacity ands have permanently disabled the said Plaintiff. The willful, wrongful and intentional acts of Hezbollah were funded and directed by the Islamic Republic of Iran through its agent, the Iranian Ministry of Information and Security, and constituted a battery upon the person of the Plaintiff. WHEREFORE, Plaintiff, Richard Dudley, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CCVI CLAIM OF RICHARD DUDLEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR ASSAULT Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 215 of 222 216 (434) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (435) The members of Hezbollah, as above alleged, intentionally and willfully placed the Plaintiff, Richard Dudley, in fear and apprehension of harm as a direct result of their actions including the physical abuse they inflicted upon him. The willful, wrongful and intentional acts of Hezbollah members were funded by and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Plaintiff was injured in that he endured extreme mental anguish, physical injury and pain and suffering. WHEREFORE, Plaintiff, Richard Dudley, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CCVII CLAIM OF RICHARD DUDLEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (436) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (437) As a direct and proximate result of the willful, wrongful and intentional acts of Hezbollah members, whose acts were funded and directed by the Islamic Republic of Iran through its agency, the Iranian Ministry of Information and Security, and the Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 216 of 222 217 Plaintiff, Richard Dudley, endured extreme mental anguish and pain and suffering, suffered the loss of the company of his family and friends, and was subjected to intense physical injury, pain, discomfort and inconvenience. WHEREFORE, Plaintiff, Richard Dudley, demands that judgment be entered, jointly and severally, against Defendants the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), and costs. COUNT CCVIII CLAIM OF RICHARD DUDLEY PURSUANT TO 28 U.S.C. §1605A PUNITIVE DAMAGES (438) The Plaintiff repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (439) The actions of the Hezbollah members, as above set forth, were intentional and malicious and in willful, wanton and reckless disregard of Richard Dudley’s rights and physical well being. All of the acts of Hezbollah were facilitated by funding, training and support by the Iranian Ministry of Information and Security. In accordance with 28 United States Code, Section 1605 (a)(7) both the Defendant, the Iranian Ministry of Information and Security, and the Defendant, the Islamic Republic of Iran, are therefore vicariously liable for the actions of the Hezbollah members. In providing such funding, direction and training, the Iranian Ministry of Information and Security was acting within the scope of its agency as an instrumentality of the Islamic Republic of Iran. Said agency rendered material support to those actually carrying out the acts above described. An award of punitive damages is requested as to both defendants, jointly and severally, in Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 217 of 222 218 accordance with the provisions of Public Law 105-277, amending 28 United States Code, §1605(a)(7) making a nation which has been designated as a “state sponsor of terrorism under §6(j) of the Export Administration Act of 1979”, vicariously liable for punitive damages. WHEREFORE, Plaintiff, Richard Dudley, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, in the amount of FIVE HUNDRED MILLION DOLLARS ($500,000,000.00), and costs. COUNT CCIX TOLEDO DUDLEY, SHERRY LATOZ, CYNTHIA BLANKENSHIP, GINGER TUTON, AND SCOTT DUDLEY PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (440) The Plaintiffs repeat and re-allege each and every allegation set forth above with like effect as if alleged herein. (441) The acts alleged above, funded and directed by the Islamic Republic of Iran through its agent the Iranian Ministry of Information and Security, constituted extreme and outrageous conduct carried out against Richard Dudley, with the intent to inflict emotional distress upon him, his wife, Toledo Dudley, and his children, Sherry Latoz, Cynthia Blankenship, Ginger Tuton, and Scott Dudley, as a direct result and proximate result of these willful, wrongful and intentional acts of Hezbollah, Richard Dudley’s family, consisting of his parents and children, were caused to suffer severe emotional distress. Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 218 of 222 219 WHEREFORE, Plaintiff’s, Toledo Dudley, Sherry Latoz, Cynthia Blankenship, Ginger Tuton, and Scott Dudley, demands that judgment be entered, jointly and severally, against Defendants, the Islamic Republic of Iran and the Iranian Ministry of Information and Security, as to each in the amount of FIVE MILLION DOLLARS ($5,000,000.00), and costs. COUNT CCX CATALDO ANTHONY NASHTON, CLAUDIA COMINO, MARK NASHTON, AND MYLES NASHTON SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (442) Plaintiff’s, Cataldo Anthony Nashton, Claudia Comino, Mark Nashton, and Myles Nashton, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (443) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the siblings of Jeffrey Nashton have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Jeffrey Nashton to cause severe emotional distress upon his family, Cataldo Anthony Nashton (sister), Claudia Comino (sister), Mark Nashton (brother), and Myles Nashton (brother), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional distress suffered by the Nashton family was so severe that no reasonable person could be expected to endure it. Cataldo Anthony Nashton, Claudia Comino, Mark Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 219 of 222 220 Nashton, and Myles Nashton has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Cataldo Anthony Nashton, Claudia Comino, Mark Nashton, and Myles Nashton, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. COUNT CCXI TERESA BATHOLOMEW, CRYSTAL BARTHOLOMEW, MARK E. BARTHOLOMEW, JERRY BARTHOLOMEW, AND JOYCE BARTHOLOMEW SOLATIUM CLAIM PURSUANT TO 28 U.S.C. §1605A AND IN ACCORDANCE WITH THE FEDERAL AND STATE COMMON LAW FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (444) Plaintiff’s, Teresa Bartholomew, Crystal Bartholomew, Mark E. Bartholomew, Jerry Bartholomew, and Joyce Bartholomew, repeats and re-alleges each and every allegation set forth above with like effect as if alleged herein. (445) As a direct consequence of the actions of the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, the Plaintiff’s, the wife, children, and parents, of Mark Bartholomew have suffered extraordinary grief and mental anguish, in that the defendants, acting through their agents and by their conduct intended through infliction of physical injury upon Mark Bartholomew to cause severe emotional distress upon his family, Teresa Bartholomew (wife), Crystal Bartholomew (daughter), Mark E. Bartholomew (son), Jerry Bartholomew (father), and Joyce Bartholomew (mother), beneficiaries of this action and the conduct above described was so extreme and outrageous as to exceed all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized community and the emotional Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 220 of 222 221 distress suffered by the Bartholomew family was so severe that no reasonable person could be expected to endure it. Teresa Bartholomew, Crystal Bartholomew, Mark E. Bartholomew, Jerry Bartholomew, and Joyce Bartholomew has thereby suffered damages in the amount of ten million dollars. WHEREFORE, Teresa Bartholomew, Crystal Bartholomew, Mark E. Bartholomew, Jerry Bartholomew, and Joyce Bartholomew, demand judgment against the Defendants, The Islamic Republic of Iran and the Iranian Ministry of Information and Security, jointly and severally, for each in the amount of TWENTY MILLION DOLLARS ($20,000,000.00), besides costs. Date: March 25, 2008 Respectfully submitted, FAY LAW, PA Thomas Fortune Fay______ THOMAS FORTUNE FAY Unified Bar No. 23929 Caragh Glenn Fay_________ Caragh Glenn Fay U.S.D.D.C. Bar No. 16955 601 Pennsylvania Avenue, NW #900 - South Building Washington, D.C. 20004 Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 221 of 222 222 (202) 638-4534 Attorneys for Plaintiffs Case 1:07-cv-01302-RCL Document 5-3 Filed 03/26/2008 Page 222 of 222
