Order | Filed: August 20, 2026
| Entered: August 20, 2026
In Re: Terrorist Attacks on September 11, 2001
P.I.: Other | New York Southern
Order Adopting Report and Recommendations ~Util - Terminate Motions
MEMORANDUM DECISION AND ORDER for (1331 in 1:03-cv-09849-GBD-SN, 12230 in 1:03-md-01570-GBD-SN) Report and Recommendations,, (11299 in 1:03-md-01570-GBD-SN, 1289 in 1:03-cv-09849-GBD-SN) Motion for Default Judgment filed by Burnett Plaintiffs, (11295 in 1:03-md-01570-GBD-SN, 1285 in 1:03-cv-09849-GBD-SN) Motion for Default Judgment filed by Burnett Plaintiffs, Motions terminated: (11299 in 1:03-md-01570-GBD-SN, 1289 in 1:03-cv-09849-GBD-SN) MOTION for Default Judgment as to Burnett Personal Injury Plaintiffs with prior damages judgments. filed by Burnett Plaintiffs, (1285 in 1:03-cv-09849-GBD-SN, 11295 in 1:03-md-01570-GBD-SN) MOTION for Default Judgment as to Burnett Personal Injury Plaintiffs without prior damages judgments. filed by Burnett Plaintiffs. Magistrate Judge Netburn's Order is ADOPTED in its entirety. The motion for partial default judgment brought on behalf of the Plaintiffs in ECF No. 11299 is GRANTED; and the motion for partial default judgment on behalf of the Plaintiffs in ECF No. 11295 is GRANTED as to Plaintiffs Cacchioli and Malcolm, but DENIED as to Plaintiffs De Witt, Singleton, Benjamin, Bernsten, and Gong without prejudice to their refiling with complete documentation. Upon consideration of the evidence and arguments submitted by Plaintiffs in Burnett, et al. v. Al Baraka Inv. & Dev. Co17J., et al., Case No. 03-cv-9849 (GBD) (SN), whose claims arise from the terrorist attacks on September 11, 2001, and the Judgment by Default for liability only against inter alia The Taliban entered on April 7, 2006 in this Multi-District Litigation (ECF No. 1756), together with the entire record in this case, it is hereby: ORDERED that service of process in the above-captioned matter was properly effectuated upon the Taliban; and it is ORDERED that this Court possesses personal jurisdiction over Defendant The Taliban by virtue of its conduct supporting the terrorist activities of Al-Qaeda including but not limited to the Terrorist Attacks on September 11, 2001 which involved terrorist attacks conducted on American soil in New York, Pennsylvania, and Virginia; and it is ORDERED that this Court possesses subject-matter jurisdiction under the ATA, 18 U.S.C. § 2333; as thousands of United States nationals were injured by reason of the terrorist attacks on September 11, 2001 which constituted acts of international terrorism resulting in significant harm including injury and death; and it is ORDERED that partial default judgments are entered against the Taliban and on behalf of the Plaintiffs listed in the attached Appendix (see generally Appendix ( compiling exhibits to Plaintiffs' proposed orders in ECF Nos. 11298-2, 11302-2)), and it is ORDERED that each Plaintiff listed in the Appendix, (see ECF Nos. 11298-2, 11302-2), is awarded pain and suffering damages for their personal injuries in the amounts set forth therein; and it is further ORDERED that the pain and suffering damages awarded to the Plaintiffs in the attached Appendix be trebled in accordance with the ATA, 18 U,S,C, § 2333, as listed in the Appendix; and it is further ORDERED that the Plaintiffs identified in the attached Appendix be awarded prejudgment interest at a rate of 4.96% per annum, compounded anually for the period from September 11, 2001, through the date of judgment; and it is farther ORDERED that the Plaintiffs identified in the attached Appendix may submit applications for punitive damages, or other damages (to the extent such awards have not previously been ordered and such damages were not sought in this motion), at a later date, consistent with any future rulings made by this Court on this issue; and it is farther ORDERED that Burnett plaintiffs not identified in the attached Appendix may submit applications for punitive, compensatory, economic, or other damages (to the extent such awards have not been previously ordered or addressed) at later stages of this litigation. The Court respectfully directs the Clerk of the Court to terminate the following motions: ECF Nos, 11295 and 11299 in 03-md-1570; and ECF Nos, 1285 and 1289 in 03-cv-09849, SO ORDERED (Signed by Judge George B. Daniels on 8/20/2026) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:03-cv-09849-GBD-SN (ks) Transmission to Orders and Judgments Clerk for processing.