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Procedural Posture
This document is a Motion to Authorize Attachment and Execution, accompanied by a Memorandum of Points and Authorities, filed by Petitioner Omni Bridgeway Limited before the United States District Court for the District of Columbia. The Petitioner, acting as the assignee for GBC Oil Company Ltd., seeks an order pursuant to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1610(c), to commence attachment and execution efforts on a previously entered default judgment against the Respondents: the Ministry of Infrastructure and Energy of the Republic of Albania, the National Agency of Natural Resources of the Republic of Albania, and Albpetrol.
Principal Legal Issues and Petitioner's Position
The principal legal issue addressed is whether a "reasonable period of time" has elapsed following the entry of the default judgment and the giving of notice, as required by 28 U.S.C. § 1610(c), to permit attachment and execution against a foreign sovereign and its instrumentalities. The Petitioner asserts that it properly served the default judgment on the Respondents through the Clerk of the Court under 28 U.S.C. § 1608(a)(3) and (b)(3)(B) after Albania's central authority failed to execute service under the Hague Service Convention. The Petitioner argues that the passage of more than six months since the entry of judgment, and over three and a half months since the completion of service, satisfies the statutory requirement for a reasonable period of time. The Petitioner further contends that this conclusion is bolstered by the Respondents' failure to appear, satisfy the judgment, or indicate any intention to do so.
Relief Sought
The Petitioner requests that the Court find the statutory prerequisites satisfied and issue an order authorizing the commencement of attachment and execution efforts against the Respondents' assets.