JOHN D. BATES, District Judge.
Before the Court is [22] plaintiffs' motion for leave to file a second amended complaint and for an order permitting them to serve defendants under 28 U.S.C. § 1608(a)(4). Service has not yet been effected on defendants pursuant to § 1608. Upon consideration of plaintiffs' motions, applicable law, and the entire record herein, the Court will grant plaintiffs' motion for leave to file a second amended complaint and deny plaintiffs' motion for an order permitting them to serve defendants under § 1608(a)(4).
Plaintiffs' proposed amended complaint adds two additional plaintiffs who allegedly suffered physical injuries in the bombings at issue here. It also adds their immediate family members as plaintiffs, as well as additional family members of current plaintiffs. Overall, the proposed amended complaint adds nineteen plaintiffs. The proposed complaint also makes adjustments to cross-references. Because plaintiffs have already filed an amended complaint, they may amend again only with the defendant's consent or with the Court's leave. Fed.R.Civ.P. 15(a)(2). The Court "should freely give leave when justice so requires." Id. Here, the plaintiffs seek only to add plaintiffs who have recently approached counsel. At this stage of the litigation, before service has been effected on defendants under § 1608, permitting amendment would not unduly delay the case or unduly prejudice the defendants, and nothing indicates that adding these new plaintiffs would be futile. See Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). As a result, permitting plaintiffs to amend their complaint is in the interests of justice, and the Court will grant their motion for leave to amend.
Plaintiffs also request an order relating to service on the defendants. Courts may exercise personal jurisdiction over a foreign state where the defendant is properly served in accordance with 28 U.S.C. § 1608. See 28 U.S.C. § 1330(b); TMR Energy Ltd. v. State Property Fund of Ukraine, 411 F.3d 296, 299 (D.C.Cir.2005). "A foreign state or its political subdivision, agency,
Because plaintiffs here have no "special arrangement" for service with either Sudan or Iran, and because neither country is a party to an "international convention on service of judicial documents," the preferred method of service is provided by section 1608(a)(3) — that is, any form of mail requiring a signed receipt. On August 6, 2013, plaintiffs requested that the Clerk of the Court effect service of the first amended complaint upon defendants pursuant to section 1608(a)(3), and the Clerk certified that she performed the requested mailing the next day. [ECF Nos. 8-15]. Each mailing was refused by the defendants, and the summonses returned unexecuted. [ECF Nos. 18-21]. Hence, Plaintiffs were unsuccessful in effecting service under section 1608(a)(3). The course prescribed by the statute is to move on to the next step: effecting service under section 1608(a)(4). Here, though, plaintiffs seek to amend their complaint between taking the steps prescribed in sections 1608(a)(3) and 1608(a)(4). Thus, instead of requesting that the Clerk transmit the same complaint,
Plaintiffs thus request that — should the Court grant their motion for leave to amend — this Court "order that they be permitted to serve Defendants with the resulting Second Amended Complaint under
True, "[s]trict adherence to the terms of 1608(a) is required" in this Circuit. Transaero, Inc. v. La Fuerza Aerea Boliviana, 30 F.3d 148, 154 (D.C.Cir.1994). That does not mean that this Court may provide advice to plaintiffs on satisfying those terms. If plaintiffs' desired course is permissible under the statute, a prospective order from this Court would have no effect. If plaintiffs' desired course is impermissible under the statute, a prospective order from this Court would not transmogrify plaintiffs' actions into proper service under section 1608. That is because "the FSIA provides the sole basis for obtaining jurisdiction over a foreign state in the courts of this country," and unless service of process has been made properly under section 1608, the Court will not have personal jurisdiction over the foreign state defendants here. Abur v. Republic of Sudan, 437 F.Supp.2d 166, 172 (D.D.C.2006) (quoting Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 434, 109 S.Ct. 683, 102 L.Ed.2d 818 (1989)). Plaintiffs must effect service under section 1608 by complying with its terms, and this Court may not prospectively opine as to whether plaintiffs' proposed course of action would meet those terms. Instead, plaintiffs are advised simply to adhere strictly to the terms of section 1608(a) in effecting service. See Transaero, 30 F.3d at 154. Hence, the Court will deny plaintiffs' motion to permit service under section 1608(a)(4).
For all these reasons, it is hereby