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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
813
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
In ve Magnetic Audiotape, 334 F.3d at
208.
Judge Robertson dismissed without
prejudice the claims against Prince Sultan
in his personal capacity for lack of person-
al jurisdiction. Burnett I, 292 F.Supp.2d
at 21-22. He rejected Plaintiffs’ argument
that Prince Sultan had purposefully direct-
ed his alleged activities at the United
States. Jd. at 22-23. Judge Robertson
found that the complaint’s claims that
Prince Sultan donated money to founda-
tions that allegedly funded al Qaeda
“stop[ ] well short of alleging Prince Sul-
tan’s actions were ‘expressly aimed’ or
‘purposefully directed’ at the United
States.” Jd. at 23 (citing Burger King and
Keeton v. Hustler Magazine, Inc., 465 U.S.
770, 774-75, 104 S.Ct. 1478, 79 L.Ed.2d 790
(1984)). Judge Robertson also denied
Plaintiffs’ request for discovery because
they did not provide an “outline of how
their showing of minimum contacts might
be enhanced by jurisdictional discovery.”
Id. at 22.
This Court's record, which Plaintiffs
claim is more extensive than that before
Judge Robertson, contains many examples
of Osama bin Laden’s and al Qaeda’s pub-
lic targeting of the United States. See
Bierstein Aff. in Opp. to Prince Sultan’s
Motion to Dismiss, Exs. 1-24. The com-
plaints also contain conclusory allegations
that Prince Sultan aided and abetted ter-
rorism. See, eg. Burnett Complaint
1363; Federal Complaint 11.429-31. But
Plaintiffs do not offer any facts to lend
support to their allegation that Prince Sul-
tan purposefully directed his activities at
this forum by donating to charities that he
knew at the time supported international
terrorism. See Exec. Order 13244 (desig-
nating certain branches of Al Haramain in
2002 and later). “[Llegal conclusions done
up as factual allegations are not facts and
cannot substitute for facts.” Cornell, 2000
WL 284222, at *2 (citing Papasan v. Al-
lain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92
L.Ed.2d 209 (1986)). Plaintiffs have note
provided an “outline of how their showing
of minimum contacts might be enhanced
by jurisdictional discovery.” Burnett IT
292 F.Supp.2d at 22. Accordingly, Prince
Sultan’s motions to dismiss the certain
consolidated and Federal complaints for
lack of personal jurisdiction over the
claims concerning his personal acts are
granted. Plaintiffs’ request for jurisdic-
tional discovery with respect to Prince Sul-
tan is denied. Daventree, 349 F.Supp.2d
736, at 761, 2004 WL 2997881, at *20 (find-
ing jurisdictional discovery is not neces-
sary where the allegation of jurisdictional
facts fails to state a basis for the exercise
of personal jurisdiction).
2. Prince Turki
[59] The allegations against Prince
Turki are outlined in Part I.B.2. Because
the consolidated Plaintiffs do not allege
any acts taken by Prince Turki in his
personal capacity, the Court only considers
the Federal Plaintiffs’ claim that Prince
Turki made personal donations to certain
Saudi charities. See Federal Complaint
1452. The Federal complaint does not
make any specific jurisdictional allegations
against Prince Turki. Rather, these Plain-
tiffs rely on Calder, Rein, Daliberti, Pugh,
and the modified due process standard for
mass torts to argue that the September 11
attacks were a foreseeable result of Prince
Turki’s alleged support of certain Saudi
charities. See Federal Opp. to Prince
Turki’s Motion to Dismiss at 22-23.
The Federal Plaintiffs have not present-
ed any specific facts from which this Court
could infer Prince Turki's primary and
personal involvement in, or support of, in-
ternational terrorism and al Qaeda. Con-
clusory allegations that he donated money
to charities, without specific factual allega-
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