Said Shipment/Addressee label was the result of the facts provided by the Plaintiff counsel in the DHL on line form with DHL Express Worldwide.

The FSIA was enacted in 1976 and its requirements is ought strictly to be followed. Plaintiff used DHL formatted computer generated on-line shipment/addressee label where the whole addressee name “Min. Foreign Affairs, Embassy of Zambia”under the word Contact (a person) did not fit on the said line due to limited space and was cut by the computer into two parts

I believed that said compliance with FSIA be treated with common-sense approach, considering the fact how modern technology particularly Computers had played important role in our lives, businesses and even Courts; as well as the men’s changing approach on how a thing is perceived and given different meanings.

The Court committed abuse of discretion by tolerating the clerk of the court’s negligence/inadvertence when he misplaced/lost the package (with postage paid and ready for service) submitted by the Plaintiff on December 2, 2013, pursuant to 28 USC 1608(a)(3); also when the clerk issued a misleading and incomplete Certificate of Mailing on February 3, 2014 stating that the package was addressed to “Embassy of Zambia, P.O. Box 50069, Lusaka City, Zambia.”

Aforementioned obvious actions offend traditional notions of fair play and substantial justice that would prevent the hearing of the case on the merits which is also tantamount to abuse of discretion.

I would like to clarify that the package was sent thru DHL worldwide and the addressee label on the said DHL package was done on-line. Since the title “head of Ministry of Foreign Affairs, Embassy of Zambia” did not fit on the said label.

Instead, the addressee label showed on the right corner under the word Contact: Min. Foreign Affairs” and the words: “Embassy of Zambia” went to the left side corner of the label above P.O. Box 50069, Lusaka City, Zambia next to the word “To”. This happened because if you will type under Contact the words: “Min. Foreign Affairs, Embassy of Zambia”, the words Embassy of Zambia would be cut off and will automatically move to the left side corner next to the word “To” of the addressee label and that happened to this case.

If you would consult a Dictionary, specifically Merriam Webster Dictionary the Full Definition of CONTACT is:
” a person serving as a go-between, messenger, connection, or source of special information ”
THEREFORE, the word “Min”. Foreign Affairs” under Contact refers to MINISTER, Foreign Affairs, who is also the HEAD of the Ministry of Foreign Affairs, Embassy of Zambia.

There is abuse of discretion in this particular case because on a technical point, the District Court gets it wrong, the Clerk’s Office gets it wrong, and the plaintiff had it right at one point when counsel provided a name and address of the Head of the Ministry of Foreign Affairs except that the District Court made it changed that they made it incorrect.

The record also showed that the District Court messed it up, the Clerk’s Office failed to do what the statute told the Clerk to do and there was another proposed service document that was lost by Court.

ERRORS WERE MADE BY VERY KNOWLEDGEABLE PEOPLE along the way.

I was also a Clerk of Court in one of the Courts in the Philippines from 1969 to 1975 so I knew that something wrong happened in my case. I still have faith in the Judicial process of the United States thus I appealed my case. Now I am satisfied because I believed, Justice has been served.