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Case 1:06-cv-00734-RBW Document 42 Filed 05/19/2008 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA








Plaintiffs,












v.


Reverend JOSE MANUEL VEGA FRANQUI,
Individually and as Administrator of the
Estate of VASTHI ZILA MORALES DE VEGA,
et al.











GREAT SOCIALIST PEOPLE’S LIBYAN

ARAB JAMAHIRIYA, et al.









Defendants.
























Case No. 1:06-cv-00734-RBW



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DEFENDANT LIBYA’S NOTICE OF CHALLENGE

TO THE CONSTITUTIONALITY OF A FEDERAL STATUTE

In accordance with Rule 5.1 of the Federal Rules of Civil Procedure, Defendant, Great

Socialist People’s Libyan Arab Jamahiriya a/k/a Libya (“Libya”) notifies the Court and the

Attorney General of the United States that Libya, in its Motion to Dismiss Plaintiffs’ Amended

Complaint filed on May 2, 2008 (a copy of which is attached as Exhibit A), draws into question

the constitutionality of Section 1083(c)(2) of the National Defense Authorization Act for Fiscal

Year 2008, Pub. L. 100-181 (2008), codified at 28 U.S.C. § 1605A note (“Section 1083(c)(2) of

the Defense Act”).

The challenged statute, among other things, provides:

(c) Application to Pending Cases—

(1) IN GENERAL.— The amendments made by this section shall apply to any
claim arising under section 1605A of title 28, United States Code.

(2) PRIOR ACTIONS.—


(A) IN GENERAL.— With respect to any action that—



Case 1:06-cv-00734-RBW Document 42 Filed 05/19/2008 Page 2 of 4

(i) was brought under section 1605(a)(7) of title 28, United States
Code, or section 589 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (as contained in
section 101(c) of division A of Public Law 104-208), before the
date of the enactment of this Act,

(ii) relied upon either such provision as creating a cause of action,

(iii) has been adversely affected on the grounds that either or both
of these provisions fail to create a cause of action against the state,
and

(iv) as of such date of enactment, is before the courts in any form,
including on appeal or motion under rule 60(b) of the Federal
Rules of Civil Procedure,

that action, and any judgment in the action shall, on motion made by
plaintiffs to the United States district court where the action was initially
brought, or judgment in the action was initially entered, be given effect as
if the action had originally been filed under section 1605A(c) of title 28,
United States Code.

(B) DEFENSES WAVED— The defenses of res judicata, collateral
estoppel, and limitation period are waived—

(i) in any action with respect to which a motion is made under
subparagraph (A), or

(ii) in any action that was originally brought, before the date of the
enactment of this Act, under section 1605(a)(7) of title 28, United
States Code, or section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of division A of Public Law 104-208),
and is refiled under section 1605A(c) of title 28, United States
Code, to the extent such defenses are based on the claim in the
action.

(C) TIME LIMITATIONS— A motion may be made or an action may be
refiled under subparagraph (A) only—

(i) if the original action was commenced not later than the
latter of—

(I) 10 years after April 24, 1996; or

(II) 10 years after the cause of action arose; and

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Case 1:06-cv-00734-RBW Document 42 Filed 05/19/2008 Page 3 of 4





(ii) within the 60-day period beginning on the date of the
enactment of this Act.

28 U.S.C. § 1605A note (Section 1083(c)(2) of the Defense Act).



In its Motion to Dismiss the Amended Complaint, Libya asserts, among other defenses,

that Section 1083(c)(2) of the Defense Act is unconstitutional as applied to Libya in that it

violates the Due Process Clause of the Fifth Amendment.












































































































































Dated: May 19, 2008

Respectfully submitted,









ECKERT SEAMANS CHERIN
& MELLOTT, LLC

/s/ Mark A. Johnston
Thomas Whalen, Esq. (D.C. Bar #208512)
Mark Johnston, Esq. (D.C. Bar #455764)
1747 Pennsylvania Ave., N.W.
Suite 1200
Washington, DC 20006-4604
(202) 659-6600
Fax: (202) 659-6699
[email protected]
[email protected]














Of counsel

:

Wendy West Feinstein, Esq.
ECKERT SEAMANS CHERIN
& MELLOTT LLC
600 Grant Street
44th Floor
Pittsburgh, PA 15219
(412) 566-6000
Fax: (412) 566-6099
[email protected]

Attorneys for Great Socialist People’s
Libyan Arab Jamahiriya a/k/a Libya













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Case 1:06-cv-00734-RBW Document 42 Filed 05/19/2008 Page 4 of 4

CERTIFICATE OF SERVICE



I HEREBY CERTIFY that a copy of the foregoing Notice of Challenge to the

Constitutionality of a Federal Statute was electronically filed and served, this 19th day of May,
2008, to:


/s/ Mark A. Johnston
Mark A. Johnston











I further certify that a copy of the foregoing Notice, along with the Libya’s Motion to





Dismiss Plaintiffs’ Amended Complaint, was served on the Attorney General of the United
States by certified mail and by faxing a copy to the office of the Attorney General of the United
States at 202-307-6777, as specified by the Department of Justice for serving such notices.

























/s/ Mark A. Johnston
Mark A. Johnston






Joshua Ambush
Terri Sneider
The Law Offices of Joshua M. Ambush, LLC
1726 Reisterstown Road Suite 206
Baltimore, MD 21208








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