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Extracted Text (OCR)
806
WL 2997881, at *22 (citing First Capital
Asset Mgmt. v. Brickellbush, Inc. 218
F.Supp.2d 369, 395 (S.D.N.Y.2002)). As
will be highlighted below, the complaints
do not allege any specific facts from which
the Court could infer that Prince Sultan,
Prince Turki, Mohammed Abdullah Aljo-
maih, Sheikh Hamad Al-Husani, or Abdul-
rahman bin Mahfouz directed, controlled,
or requested al Qaeda to undertake its
terrorist activities. Nor are there any
specific allegations of their knowledge of,
or consent to those activities. See Daven-
tree, 349 F.Supp.2d 736 at 762-63, 2004
WL 2997881, at *22 (finding no personal
jurisdiction under a conspiracy theory be-
cause there was no basis from which the
court could impute to defendants the con-
duct of their putative co-conspirators);
Chrysler Capital Corp, T78 F.Supp. at
1266 (requiring specific facts warranting
the inference that the defendant was a
member of the conspiracy). Accordingly,
for Prince Sultan, Prince Turki, Mo-
hammed Abdullah Aljomaih, Sheik Hamad
Al-Husani, and Abdulrahman bin Mah-
fouz, personal jurisdiction cannot be based
on a New York long-arm conspiracy theo-
ry. The Court will examine the possibility
of exercising conspiracy theory personal
jurisdiction over the remaining moving De-
fendants when it examines the specific
claims against each of them below.
32. Although the Court does not have subject
matter jurisdiction over any of the moving
Defendants pursuant to the FSIA, that statute
also provides for personal jurisdiction if ser-
vice is proper and subject matter jurisdiction
has been established. 28 U.S.C. § 1330(b)
(“[P]ersonal jurisdiction over a foreign defen-
dant shall exist as to every claim for relief of
which the district courts have jurisdiction ...
where service has been made under section
1608 of this title.”’); Rein v. Socialist People’s
Libyan Arab Jamahiriya, 995 F.Supp. 325,
329-330 (E.D.N.Y.1998).
33. The Federal Plaintiffs pursue claims under
RICO, which some courts outside the Second
349 FEDERAL SUPPLEMENT, 2d SERIES
2. Federal Rule of Civil Procedure
4(k)
Under Federal Rule of Civil Procedure
4(k))(D), service of process will establish
personal jurisdiction over a defendant
when so authorized by a federal statute.”
Here, the ATA contains a nationwide ser-
vice of process provision, such that proper
service will confer personal jurisdiction.”
18 U.S.C. § 2334(a) (providing for nation-
wide service of process and venue); Bur-
nett [, 274 F.Supp.2d at 95-96. Courts
asked to analyze personal jurisdiction un-
der the ATA’s national service of process
provision have concluded that a plaintiff
“must demonstrate that the defendant has
sufficient minimum contacts to satisfy a
traditional due process analysis.” Estates
of Ungar v. Palestinan Auth, 153
F.Supp.2d 76, 95 (D.R.1.2001); see also
Biton v. Palestinian Interim Self-Gov't
Auth. 310 F.Supp.2d 172, 179 (D.D.C.
2004) (dismissing complaint pursuant to 18
U.S.C. § 2833 because individual defen-
dants lacked contacts with the United
States). “The relevant inquiry under such
circumstances is whether the defendant
has minimum contacts with the United
States as a whole [to satisfy Fifth Amend-
ment due process requirements], rather
than ... with the particular state in which
the federal court sits.” Ungar, 153
F.Supp.2d at 87. Many of the moving
Circuit have held also provides for nationwide
service of process and jurisdiction. See 18
U.S.C. § 1965; Republic of Panama v. BCCI
Holdings (Luxembourg) S.A., 119 F.3d 935,
942 (11th Cir.1997) (finding 18 U.S.C.
8 1965(d) provides for nationwide jurisdic-
tion); cf. PT United Can Co. Ltd. v. Crown
Cork & Seal Co., Inc., 138 F.3d 65, 71 (Qd
Cir.1998) (finding “ 8 1965 does not provide
for nationwide personal jurisdiction over ev-
ery defendant in every civil RICO case, no
matter where the defendant is found’). The
Federal Plaintiffs do not use their RICO
claims as a basis for personal jurisdiction and
the Court focuses on the ATA.
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