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Extracted Text (OCR)
IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
783
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
(2d Cir.1998) (explaining, where there are
factual disputes regarding the immunity
question, the court may not “accept the
mere allegations of the complaint as a
basis for finding subject matter jurisdic-
tion”). Thus, “on a ‘challenge to the dis-
trict court’s subject matter jurisdiction, the
court may resolve disputed jurisdictional
fact issues by reference to evidence out-
side the pleadings, such as affidavits. ”
Filetech, 157 F.3d at 932 (explaining a
court should consider all the submissions
of the parties and may, if necessary, hold
an evidentiary hearing to resolve the juris-
dictional question) (quoting Antares Avr-
craft, L.P. v. Federal Republic of Nigeria,
948 F.2d 90, 96 (2d Cir.1991)). The court
must consult outside evidence if resolution
of a proffered factual issue may result in
the dismissal of the complaint for lack of
jurisdiction. Robinson, 269 F.3d at 141 n.
6. Defendants here challenge both the le-
gal and factual sufficiency of Plaintiffs’
claims. The Court will consider the affida-
vits submitted by the parties as necessary.
[8] Before turning to the allegations
against the Defendants claiming immunity,
the Court notes it is keenly aware of the
“delicate balance] ‘between permitting
discovery to substantiate exceptions to
statutory foreign sovereign immunity and
protecting a sovereign’s or sovereign’s
agency’s legitimate claim to immunity from
discovery.” First City, Texas—Houston,
N.A. v. Rafidain Bank, 150 F.3d 172, 176
(2d Cir.1998) (ordering full discovery
against defendant over whom court al-
ready had subject matter jurisdiction be-
cause such discovery would provide plain-
tiff an opportunity to obtain jurisdictional
discovery regarding potentially sovereign
alter ego co-defendant without further im-
pinging that defendant’s immunity) (quot-
ing Arriba Ltd. v. Petroleos Mexicanos,
962 F.2d 528, 534 (th Cir.1992) (“At the
very least, discovery should be ordered
circumspectly and only to verify allega-
tions of specific facts crucial to an immuni-
ty determination.”)). The Second Circuit
has instructed “that generally a plaintiff
may be allowed limited discovery with re-
spect to the jurisdictional issue; but until
[plaintiff] has shown a reasonable basis for
assuming jurisdiction, she is not entitled to
any other discovery.” Furst City, 150 F.3d
at 176-77 (quoting Filus v. Lot Polish
Airlines, 907 F.2d 1328, 138382 (2d Cir.
1990)). Still, the Plaintiffs must allege
sufficient facts to warrant jurisdictional
discovery. Robinson, 269 F.3d at 146 (it-
ing Jazini v. Nissan Motor Co., 148 F.3d
181, 185 @d Cir.1998) @efusing jurisdic-
tional discovery where plaintiffs’ allega-
tions lacked factual specificity to confer
jurisdiction)); see also Burnett IT, 292
F.Supp.2d at 15 (denying Plaintiffs’ re-
quest for discovery from Prince Turki
where “suggestions of [his] individual ac-
tivity are only conclusory”).
B. Allegations Against Defendants
Asserting Foreign Sovereign Im-
munity
1. Prince Sultan
Prince Sultan has been Saudi Arabia’s
Minister of Defense and Aviation and In-
spector General of its Armed Forces since
1962. Ashton Complaint 1265; Burnett
Complaint 1352; Federal Complaint { 427;
William H. Jeffress, Jr. Decl. 14 at Notice
of HRH Prince Sultan Bin Abdulaziz Al-
Saud’s Motion to Dismiss Consolidated
Complaint (hereinafter “Consolidated Jef-
fress Decl.”); Andrea Bierstein Aff. in
Opp. to Prince Sultan’s Motion to Dismiss
Consolidated Complaints Ex. 1, Sultan Bio,
available at http://saudiembassy.net/Coun-
try/Government/SultanBio.asp. In 1982,
his brother King Fahd bin Abdulaziz Al-
Saud named him Second Deputy President
of Saudi Arabia’s Council of Ministers, the
Kingdom’s governing body. Nizar Bin
HOUSE_OVERSIGHT_017848
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| Filename | HOUSE_OVERSIGHT_017848.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
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| Indexed | 2026-02-04T16:33:12.282147 |