Plaintiff: Eritrean Association in Greater Seattle (the Eritrean government might have pressured to file lawsuit).

Defendant: Yonatan Tewelde, Saba Kidane Heritage, Gebrehiwet Teklehaimanot, Afewerki Tesfamariam, Esayas Tewolde Tesfamicael, Haile Angesom Tseada, Does 1 through 150, Henock Teckle Gebrekidan, Elen Tesfaghiorghis, Solomon Gebreyesus, Temesghen Kahsay, Hadush Brhane, Yordanos Gebremichael Gebregiorgis and Awet Tsehaye.

Case Number: 3:2024cv05517

Filed:June 27, 2024

Court: US District Court for the Western District of Washington

Presiding Judge: David G Estudillo

Nature of Suit: Personal Property: Other

Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Plaintiff.

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT: FRCP 26(f) Conference Deadline is 11/22/2024, Initial Disclosure Deadline is 11/22/2024, Joint Status Report due by 1/2/2025, Scheduling Conference set for 1/10/2025 at 2:00 PM in Courtroom B via Zoom before U.S. District Judge David G. Estudillo. Signed by U.S. District Judge David G. Estudillo. (MGC).

June 27, 2024 Filing CORPORATE AND DIVERSITY DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Eritrean Association in Greater Seattle. (Wyatt, Todd).

Tuesday, September 24, 2024
STATEMENT of Henok Tekle Gebrekidan Awet Tsehaye Elen Tesfaghiorghis Solomon G. Assefaw Yordanos Gebremicael Gebregiorgis Temesghen Kahsay Haile Tsaeda Afewerki Tesfamariam Yonatan Tewelde Esayas Tewolde Tesfamicael Gebre Tekle Haduish Birhane re27 Statement, Second Amended Diversity Disclosure Statement by Defendants Hadush Brhane, Yordanos Gebremichael Gebregiorgis, Henock Teckle Gebrekidan, Solomon Gebreyesus, Temesghen Kahsay, Gebrehiwet Teklehaimanot, Elen Tesfaghiorghis, Afewerki Tesfamariam, Esayas Tewolde Tesfamicael, Yonatan Tewelde, Haile Angesom Tseada, Awet Tsehaye (Stockwell, Christopher).

Case Background: case an updated summary

The Eritrean Association in Greater Seattle (Plaintiff) organized a festival to promote Eritrean culture and raise funds for the Eritrean government. However, the event faced protests from Defendants Gebrekidan et al., who opposed the Eritrean government’s policies.

Reason for Lawsuit

The Plaintiff alleges that the protests led to low ticket sales and consequently, minimal revenue generation for the Eritrean government. The government is in need of hard currency, claims damages.

Defendants’ Defense

Gebrekidan et al. assert their First Amendment right to peaceful protest and free speech. They argue that their actions did not break any laws or disrupt the event excessively.

Key Issues

1. Balance between free speech and event organizers’ rights.
2. Causality between protests and low ticket sales.
3. Eritrean government’s interest in festival revenue.

Potential Motions

1. Motion to Dismiss (First Amendment grounds).
2. Motion for Summary Judgment (lack of causality).
3. Motion to Compel Discovery (government’s interest in revenue).

Next Steps

1. Research relevant case law on protest rights.
2. Analyze festival revenue streams and expenses.
3. Identify potential witnesses (event attendees, organizers).
4. Develop trial strategy focusing on First Amendment protections.
5. Consider settlement negotiations.

The article from the National Security Journal discusses how Eritrean activists in America are facing legal battles due to their opposition to the repressive regime of President Isaias Afwerki. These activists often flee Eritrea to escape the totalitarian rule, enduring perilous journeys and exploitation. Once in the U.S., they continue to face challenges, including legal issues that can complicate their efforts to seek asylum and advocate for change.

The case Eritrean Association in Greater Seattle v. Gebrekidan et al involves the Eritrean Association of Greater Seattle (EAGS) filing a lawsuit against Henock Teckle Gebrekidan and several other defendants. The lawsuit was filed in the U.S. District Court for the Western District of Washington. The case is centered around personal property disputes and falls under diversity jurisdiction as the parties are from different states and the amount in controversy exceeds $75,000.

The EAGS alleges that the defendants have interfered with their property and assets, including social media accounts, broadcast network accounts, donor lists, and email accounts. The court has issued an order to show cause, requiring the defendants to respond to the allegations.

 Who runs the Eritrean festival? 

The Eritrean Festival is organized by the Eritrea Festival Organizing Committee under the direction of the Eritrean government in Washington, D.C.. This committee is responsible for planning and executing the festival, which celebrates Eritrean culture, music, arts, and sports. The festival has been running for over 30 years, and all revenue generated from the festival goes to the Eritrean Embassy in Washington, D.C.

Additionally, the Eritrean Community Center (ECC) in Oakland, California also plays a significant role in organizing the West Coast Eritrean Festival, which has been held annually since 1989 . The ECC is a non-profit organization dedicated to promoting Eritrean culture and community. It’s worth noting that there are also opposing groups that protest against the Eritrean government’s involvement in the festivals, citing human rights abuses and authoritarian rule. However, the Eritrea Festival Organizing Committee remains the primary organizer of the festivals.

Eritrean Association in Greater Seattle, the plaintiff, failed to maintain security and safety for their attendees, including the general public and business vendors.  There were no security personnel present to ensure the safety of guests. Furthermore, no person or vendor came forward to claim harm or damage at the time of the event and no criminal charges were reported by the local authorities.

The defendants, Gebrekidan et al. could use Potential Defenses:

1. Failure to provide sufficient security personnel to ensure the safety of guests and the general public.

2. Lack of adequate safety measures to prevent harm to attendees and business vendors.

3. Inadequate emergency response planning.

Potential Claims:

1. Negligence

2. Gross Negligence

3. Breach of Duty of Care

4. Premises Liability.

Relevant Laws and Regulations

2. Defendants’ counsel should review festival planning documents and security protocols.

3. Expert witnesses may be consulted to assess security measures.

4. Mediation or settlement discussions may be explored.

Please note that this is a hypothetical summary and not an actual legal document. Consult with a licensed attorney for specific legal advice.

Counterclaims 

The defendants should Consider filing counterclaims for frivolous lawsuit or abuse of process. Identify potential counterclaims.

COUNTERCLAIM FOR:

1. Frivolous Lawsuit
2. Abuse of Process
3. Defamation
4. Intentional Interference with Business Relations
5. Unfair Business Practices.

To succeed on these counterclaims, Defendant must provide evidence supporting the elements of each claim.

Relevant Laws

  1.  Federal Rules of Civil Procedure (FRCP) 13 (Counterclaims and Cross-Claims)
  2.  42 U.S.C. § 1983 (Civil Rights Act)
  3.  State-specific laws (e.g., defamation, interference with business relations)
  4.  National Immigration Law Center (NILC)
  5. American Civil Liberties Union (ACLU)
  6.  International Human Rights Clinic (IHRC)
  7. Eritrean Human Rights Campaign (EHRC).

Sanctions imposed on Eritrea may have implications for the lawsuit, but their direct impact depends on various factors:

Types of Sanctions:

1. Economic sanctions (e.g., asset freezes, trade restrictions)
2. Travel sanctions (e.g., visa restrictions)
3. Diplomatic sanctions (e.g., reduced diplomatic relations)

Strategies:

1. Invoke sanctions as evidence of Eritrean government’s human rights abuses.
2. Request court to consider sanctions in evaluating plaintiff’s credibility.
3. Seek expertise on international law and sanctions.

The defendant needs to consult with an attorney experienced in international law, human rights, and sanctions.

DISCLAIMER

This document is provided for informational purposes only and does not constitute legal advice. It is intended to provide general information and does not address specific circumstances or facts. This document should not be relied upon or used as a substitute for consultation with a qualified legal professional.

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