Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc.
Opinion
Opinion
Brewster, J.
ORDER GRANTING PETITIONER’S MOTION FOR JUDICIAL DETERMINATION THAT ITS JUDGMENT AGAINST CUBIC DEFENSE SYSTEMS IS IMMUNE FROM ATTACHMENT OR EXECUTION BY STEPHEN M. FLATOW [No. 81] AND DENYING PETITIONER’S MOTION FOR JUDICIAL DETERMINATION THAT ITS JUDGMENT AGAINST CUBIC DEFENSE SYSTEMS IS IMMUNE FROM ATTACHMENT OR EXECUTION BY DARIUSH ELAHI [No. 83].
For the reasons analyzed here below, the Court GRANTS the petitioner’s “Mo tion for Judicial Determination That its Judgment Against Cubic Defense Systems is Immune from Attachment or Execution by Stephen M. Flatow,” and DENIES the petitioner’s “Motion for Judicial Determination That its Judgment Against Cubic Defense Systems is Immune from Attachment or Execution by Dariush Elahi.”
I. ISSUE
The instant motions raise the issue whether this Court’s, judgment of December 8, 1998 against Cubic Defense Systems, Inc. is immune from attachment or execution by liens or garnishment. The burden of proof on this issue rests on the petitioner. See, e.g., International Insurance Co. v. Caja Nacional De Ahorro Y Seguro, 293 F.3d 392, 397 (7th Cir.2002) (stating that “[t]he ultimate burden of proving immunity rests with the foreign state.”).