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Extracted Text (OCR)
804
tions would not sustain jurisdiction). Sau-
di Arabia’s treatment of and decisions to
support Islamic charities are purely plan-
ning level “decisions grounded in social,
economic, and political policy.” Varig Avr-
lines, 467 U.S. at 814, 104 S.Ct. 2755; see
also Kline, 685 F.Supp. at 392. The Fed-
eral Plaintiffs have not met their burden of
demonstrating an exception to the FSIA
applies to negate the Kingdom’s immunity.
“[Slovereion immunity under the FSIA is
immunity from suit, not just from liabili-
ty.” Moran v. Kingdom of Saudi Arabia,
27 F.3d 169, 172 th Cir.1994). Because
there were no factual disputes raised in
the Court’s resolution of this motion, no
jurisdictional discovery is necessary. See
Filetech S.A. v. France Telecom S.A., 304
F.3d 180, 188 (2d Cir.2002). The Kingdom
of Saudi Arabia’s motion to dismiss the
Federal complaint for lack of subject mat-
ter jurisdiction is granted.
II. Personal Jurisdiction
[33-36] To avoid dismissal for lack of
personal jurisdiction under Rule 12(b)(2),
Plaintiffs must establish personal jurisdic-
tion over each Defendant. Bank Brussels
Lambert v. Fiddler Gonzalez & Rodriguez,
171 F.3d 779, 784 (2d Cir.1999). Because
these motions are brought before discov-
ery and decided without an evidentiary
hearing, Plaintiffs need only make a prima
facie showing that personal jurisdiction ex-
ists. PDK Labs, Inc. v. Friedlander, 103
F.3d 1105, 1108 (2d Cir.1997); AZ. Trade
Finance, Inc. v. Petra Bank, 989 F.2d 76,
79 (2d Cir.1993). Plaintiffs may rely en-
tirely on factual allegations, Jazin v. Nis-
san Motor Co. 148 F.3d 181, 184 (2d Cir.
1998), and they will prevail even if Defen-
dants make contrary arguments, A.J
Trade, 989 F.2d at 79. In resolving the
motions, the Court will read the com-
plaints and affidavits in a light most favor-
able to Plaintiffs. PDK Labs, 103 F.3d at
1108. It will not, however, accept legally
349 FEDERAL SUPPLEMENT, 2d SERIES
conclusory assertions or draw “argumenta-
tive inferences.” Mende v. Milestone
Tech, Inc, 269 F.Supp.2d 246, 251
(S.D.N.Y.2003) (citing Robinson v. Over-
seas Military Sales Corp., 21 F.3d 502, 507
(2d Cir.1994)).
A. Bases for Personal Jurisdiction
1. New York Long—Arm Statute
[37] “In a federal question case where
a defendant resides outside the forum
state, a federal court applies the forum
state’s personal jurisdiction rules if the
federal statute does not specifically pro-
vide for national service of process.” PDK
Labs, 103 F.3d at 1108. Similarly, a feder-
al court sitting in diversity exercises per-
sonal jurisdiction over a foreign defendant
to the same extent as courts of general
jurisdiction of the state in which it sits
pursuant to Federal Rule of Civil Proce-
dure 4(kK))(A). Bank Brussels Lambert
v. Fiddler Gonzalez & Rodriguez, 305 F.3d
120, 124 (2d Cir.2002). In such cases,
courts must determine if New York law
would confer jurisdiction through its long-
arm statute, and then decide if the exer-
cise of such jurisdiction comports with the
requisites of due process under the Four-
teenth Amendment. Jd. (citing Bank
Brussels, 171 F.8d at 784); Bensusan
Rest. Corp. v. King, 126 F.3d 25, 27 (2d
Cir.1997).
a. Conspiracy Theory
Plaintiffs claim that New York’s long-
arm statute provides a basis for personal
jurisdiction. Rule 302(a)(2) of New York’s
Civil Practice Law & Rules states in part:
“(a) As to a cause of action arising from
any of the acts enumerated in this section,
a court may exercise personal jurisdiction
over any non-domiciliary, or his executor
or administrator, who in person or through
an agent ... (2) commits a tortious act
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