Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hassanati v. Int'l Lease Financial Corp.

United States District Court, C.D. California

February 18, 2014

MMADI MLATAMOU HASSANATI, individually, as heir and as Successor in Interest to MOHAMED ABDOU SAID, deceased; MMADI MLATAMOU HASSANATI, as Guardian ad Litem for MMR, MMR, MR, MMH, and MMH, minors and heirs to MOHAMED ABDOU SAID, deceased, et al., Plaintiffs,
v.
INTERNATIONAL LEASE FINANCE CORPORATION and DOES 1-100, Defendants

Page 888

For Moinahadidja Abdou, as the personal representative for SAID BACAR BADRIA, SAID BACAR WAEL, SAID BACAR WADION and MOHAMED EL ARIF WALIAT, deceased, Plaintiff: Keith David Griffin, Girardi and Keese, Los Angeles, CA.

For Rachida Bouamrane, as the personal representative for SAID MOHAMED AHMED, deceased, Plaintiff: Keith David Griffin, Girardi & Keese, Los Angeles, CA.

For Mmadi Mlatamou Hassanati, as the personal representative for MOHAMED ABDOU SAID, deceased, Plaintiff: Keith David Griffin, Girardi and Keese, Los Angeles, CA; Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Abdoul Madjid Yasmina, as the personal representative for ABDOUNOUROU ELHAD, deceased, Plaintiff: Keith David Griffin, Girardi and Keese, Los Angeles, CA.

For Mikidache Abdourahim, as the personal representative for FAHARDINE MIKIDACHE, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Djae Ahamada Chanfi, as the personal representative for ANZIZA BOINA (DJAE), DJAE SAMIAT, DJAE MOUNTASSOUIM, and DJAE DJURAIDJ, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Thineya Hassan, as the personal representative for MOHAMED ABUBAKAR, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mdahoma Kassim, as the personal representative for MDAHOMA MARIAMA, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Rabiata Said Mahamoud, as the personal representative for FARID HASSANI, deceased, also known as, Rabiata Said Mohamoud, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Achata Ali, as the personal representative for MOHAMED HAMIDOU, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Said Bacar Ali, as the personal representative for HALIMA MOHAMED, aka HALIMA MADI MISA, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Djae Mohamed, as the personal representative for ANLIYA DJAE, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Saadati Mohamed, as the personal representative for FATIMA MOHAMED SOILINI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Thamarati Said Ali, as the personal representative for ALI MOHAMED TOIBIBOU, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Moinafatima Attoumani, as the personal representative for BACARI HOUSSEINE, deceased, also known as, Monafatima Attoumani, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Assoumani Hadidja, as the personal representative for OUMOURI ALI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Touma Hamidou, as the personal representative for ABDILLAH YOUSSOUF ALI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mohamed Mmadi Marie, as the personal representative for MMADI CHAHARZADE, MMADI LAILA, and MMADI HOUSSAMDINE, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Zakia Mdoihoma, as the personal representative for SAID MMADI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mzalendro Mmadi, as the personal representative for HALIMA YOUSSOUF, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mohamed Rachadi, as the personal representative for ZALBIA ABDALLAH, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Soibridjamal Ridjali, as the personal representative for HAMID AHMED, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Youssoufa Itrisso Fatima, as the personal representative for YOUSSOUFA HASSANA, deceased, also known as, Youssoufa Fatima, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Youssoufa Itrisso Fatima, as the personal representative for YOUSSOUFA HASSANATI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Youssoufa Hadidja, as the personal representative for YOUSSOUFA DJAMALI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Ahamada Ibrahima, as the personal representative for IBRAHIMA ANNIE ALI and IBRAHIMA AMINE, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Youssouf Madi, as the personal representative for BOUNOU (MADI) NASSIMA, YOUSSOUF RAKIB, and YOUSSOUF RAMZI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mchangama Ali, as the personal representative for YOUSSOUF HADJI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Youssouf Anturiat, as the personal representative for YOUSSOUF MARIAME, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Ali Fatima, as the personal representative for MOHAMED AHAMADA and MOHAMED ABIDA, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Msa Moindjie Mariama, as the personal representative for SAID AHAMADA MZE, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Ahamada Zalafa, as the personal representative for MOHAMED MLINDASSE IBRAHIM, deceased, also known as, Ahamada Zafala, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Yassine Ahmed Abdou, as the personal representative for AHMED ABDOU, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Said Omar Bacar, as the personal representative for HAIRATI AHMED BACAR, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Ali Fatima, as the personal representative for ALI MRAHATI, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mohamed Said Hamadi, as the personal representative for ECHAT MOIRABOU, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Moinakoko Mvouna, as the personal representative for M'SA SOULE MOHAMED, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Moinakarima Abdou Nourou, as the personal representative for EL-HADADE ABDOU NOUROU, deceased, also known as, Moinakarima Abdou, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Haki Assiati, as the personal representative for TOIYBA AHMED, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Mohamed Said Hamadi, as the personal representative for AFFOUSSOITA SAID, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Fatima Ali Mdahoma, as the personal representative for SAID ALI MDAHOMA, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Fatima Mmadi, as the personal representative for ABDALLAH MOHAMED SAID, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Hikima Hassane Abdallah, as the personal representative for ABDILLAHI MROIVILI BEDJA aka ABDILLAH YOUSSOUF BEDJA, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For Bourhani Abdallah, as the personal representative for ICHATA RACHID, deceased, Plaintiff: Mark Evans Millard, Engstrom Lipscomb and Lack, Los Angeles, CA; Walter John Lack, Engstrom Lipscomb and Lack, Los Angeles, CA.

For International Lease Finance Corporation, Defendant: Daniel A Solitro, Lock Lord LLP, Los Angeles, CA; Gary Westerberg, PRO HAC VICE, Locke Lord Bissell and Liddell LLP, Chicago, IL; Matthew J Kalas, PRO HAC VICE, Locke Lord Bissell and Liddell LLP, Chicago, IL; Patricia Arias Musitano, Locke Lord LLP, Los Angeles, CA; Susan J Welde, Locke Lord Bissell and Liddell LLP, Los Angeles, CA; Christopher R Barth, PRO HAC VICE, Locke Lord LLP, Chicago, IL.

Page 889

ORDER DENYING PLAINTIFFS' MOTION TO APPOINT PERSONAL REPRESENTATIVES AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MARGARET M. MORROW, UNITED STATES DISTRICT JUDGE.

On January 10, 2010, Mmadi Mlatamou Hassanati, individually, as heir and successor to Mohamed Abdou Said, and as guardian ad litem for Said's children, filed this action in Los Angeles Superior Court.[1] Said perished in the crash of Yemenia

Page 890

Airlines Flight 626 on June 30, 2009.[2] The airplane crashed into the Indian Ocean after an allegedly unsuccessful attempt to land at the Moroni-Prince Said Ibrahim International Airport in Moroni, Comoros. On March 16, 2011, defendant International Lease Finance Corporation (" ILFC" ) removed the action, invoking the court's jurisdiction under the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (" MMTJA" ), 28 U.S.C. § § 1369, 1441(a), and 1441(e)(1)(A).[3] Hassanati filed a first amended complaint on May 12, 2011, adding others whose loved ones had died in the crash as plaintiffs.[4]

On May 3, 2011, ILFC filed a motion to dismiss,[5] which the court granted on September 7, 2011 with leave to amend.[6] The court held that the Death on the High Seas Act (" DOHSA" ) applied and preempted any state law wrongful death claims.[7] The court concluded that plaintiffs had not stated a claim under DOHSA because claims under that statute must be asserted by the personal representative of the decedent on behalf of the appropriate beneficiaries, see 46 U.S.C. § 30302 (" When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's spouse, parent, child, or dependent relative" ), and the first amended complaint did not identify any individual plaintiff as the personal representatives of a decedent or plead facts from which the court could reasonably infer that any plaintiff was a personal representative.[8] The court noted that a " 'personal representative' is by definition a court-appointed executor or administrator of an estate, not merely an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.