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2022 Supreme(US)(ca11) 169

COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Keith Stansell – Appellant
Versus
Samark Jose Lopez Bello – Respondent



[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 20-13660 ____________________ KEITH STANSELL, MARC GONSALVES, THOMAS HOWES, JUDITH G. JANIS, as Personal Representative and sole heir of the Estate of Greer Janis, CHRISTOPHER T. JANIS, MICHAEL I. JANIS, JONATHAN N. JANIS, Plaintiffs-Appellees, versus SAMARK JOSE LOPEZ BELLO, YAKIMA TRADING CORPORATION, EPBC HOLDINGS, LTD., USCA11 Case: 20-13660 Date Filed: 07/19/2022 Page: 2 of 6

2 Opinion of the Court 20-13660 1425 BRICKELL AVE 63-F LLC, 1425 BRICKELL AVE UNIT 46B LLC, 1425 BRICKELL AVE 64E LLC, 200G PSA HOLDINGS LLC, LEUCADENDRA 325 LLC, MFAA HOLDINGS LIMITED,

Movants-Appellants,

REVOLUTIONARY ARMED FORCES OF COLOMBIA (FARC), et al.,

Defendants.

____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:09-cv-02308-CEH-AAS ____________________ Before WILLIAM PRYOR, Chief Judge, JORDAN, Circuit Judge, and BROWN, District Judge. ∗

∗The Honorable Michael L. Brown, United States District Judge for the Northern District of Georgia, sitting by designation. USCA11 Case: 20-13660 Date Filed: 07/19/2022 Page: 3 of 6

20-13660 Opinion of the Court 3 JORDAN, Circuit Judge. In 2010, four plaintiffs sued the Revolutionary Armed Forces of Colombia (the Fuerzas Armadas Revolucionarias de Colombia or FARC) and related parties under the Anti-Terrorism Act, 18 U.S.C. § 2333. They based their claims on the FARC’s commission of offenses like kidnapping and murder in Colombia.1 The plaintiffs obtained a default judgment against the de- fendants in the Middle District of Florida, and based on their sub- missions the district court awarded them significant damages. Col- lectively, the plaintiffs were awarded $106 million in compensatory damages, and that amount was trebled under § 2333 so that the total was $318 million. The final judgment entered by the clerk described the monetary awards to each of the plaintiffs (including the trebled portions) as “compensatory damages.” D.E. 233 at 1. After obtaining that judgment, the plaintiffs sought to attach the assets of third parties blocked by the Office of Foreign Assets Control. See, e.g., Stansell v. Revolutionary Armed Forces of Co- lombia, 771 F.3d 713, 722 (11th Cir. 2014). As relevant here, in 2019 the plaintiffs instituted garnishment proceedings in the Southern District of Florida to attach the assets of Samark López Bello and several limited liability companies he owns or controls. The

1 This appeal was previously consolidated with Case Nos. 20-11736, 20-12467, & 20-12545. Because this appeal arises out of different proceedings before a different district court, we sever it from the other appeals and resolve it sepa- rately in this opinion. USCA11 Case: 20-13660 Date Filed: 07/19/2022 Page: 4 of 6

4 Opinion of the Court 20-13660 plaintiffs alleged that Mr. López and his companies (whom we refer to as the López appellants) were agencies or instrumentalities of the FARC under § 201(a) of the Terrorism Risk Insurance Act, Pub. L. No. 107-297, codified as a note to 28 U.S.C. § 1610. Under § 201(a), the “total amount of the execution cannot exceed the amount of compensatory damages.” Stansell, 771 F.3d at 723. Invoking Rule 60(a) of the Federal Rules of Civil Procedure, the López appellants filed a motion in this case asking the dist

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