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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
819
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
has been a party to lawsuits in the South-
ern District of New York, both as a plain-
tiff and defendant. Fawcett Aff. 17. The
Muslim World League Journal, a monthly
publication distributed in American mos-
ques, ran solicitations from 1998 to 2001
for the Islamic Solidarity Fund & Waqf for
the Organization of the Islamic Conference
and the Khair Funds of the Muslim World
League that provided NCB account num-
bers to which donors could contribute di-
rectly. Jd. 18, Ex. 5. Plaintiffs request
jurisdictional discovery to explore further
contacts.
NCB argues that none of Plaintiffs’ sub-
missions satisfy the constitutionally re-
quired showing of minimum contacts.
NCB closed its New York City branch
office in 1992. Decl. of Jorge Juco (“Juco
Decl.”) 15, at Berger Aff. in Support of
NCB’s Motion to Dismiss Ashton and Bur-
nett, Ex. 5. NCB’s second-tier subsidiary,
SNCB Securities Inc., dissolved in Febru-
ary 2001. Jd. (citing Ex. A of Juco Decl.
the certified copy of the Certificate of Dis-
solution); see also Schenker v. Assicura-
ziont Generali, S.P.A, No. 98 Civ.
9186(MBM), 2002 WL 1560788, at * 4
(S.D.N.Y. July 15, 2002) (finding no per-
sonal jurisdiction over parent corporation
where New York subsidiary was sold two
months prior to commencement of action).
NCB submits its involvement in lawsuits is
equally unavailing because both were ter-
minated prior to the filing of this action.
See docket Logan Feed v. Nat'l Commer-
cial Bank, No. 92 Civ. (S.D.N-Y.) (NCB
terminated July 24, 1995); docket Nat’?
Commercial Bank v. Morgan Stanley As-
set Mgmt, Inc, No. 94 Civ. 3167
(S.D.N.Y.) (closed Feb. 17, 1998). It con-
tends that its consent to personal jurisdic-
tion in one case does not open the door to
personal jurisdiction in future cases. See
Klinghoffer v. S.N.C. Achille Lawro, 937
F.2d 44, 50 n. 5 @d Cir.1991); Andros
Compania Mantima, S.A. v. Intertanker
Ltd., 714 F.Supp. 669, 675 (S.D.N.Y.1989)
(holding lawsuits in the forum do not es-
tablish general personal jurisdiction).
NCB argues that there is no indication it
placed the advertisements in The Muslim
World League Journal, or that any dona-
tions were deposited into NCB accounts.
In arguing its absence of contacts with
the United States, NCB reiterates that it
is not domiciled, organized, or maintaining
an office in New York. Juco Decl. 13. It is
not registered or licensed to do business in
the United States and has no property in
the United States. Jd. 18. Shares of NCB
stock are not sold in the United States,
there are no NCB employees or telephone
numbers in the United States, and the
company does not advertise or solicit busi-
ness in the United States. 7d. 111. Its
website is accessible from United States,
but only NCB account holders may access
the inter-active services. /d. The Saudi
Arabian Monetary Agency requires that
NCB’s account holders be Saudi citizens or
residents, Saudi government entities, or
business or charity entities with lawful sta-
tus in Saudi Arabia. Juco Decl. 110.
NCB claims the rare contacts it does
have with the United States do not satisfy
the requirements of due process. Al-
though it maintains correspondent banking
relationships with U.S. commercial banks,
Juco Decl. 112, NCB argues such relation-
ships are insufficient to establish personal
jurisdiction over NCB. Semi Conductor
Materials, Inc. v. Citibank Intl PLC, 969
F.Supp. 248, 244 (S.D.N-Y.1997) (holding
foreign bank’s correspondent banking rela-
tionship with New York bank is not suffi-
cient for personal jurisdiction); Casio
Computer Co. v. Sayo, No. 98 Civ.
3772(WK), 2000 WL 1877516, at *26
(S.D.N.Y. Oct. 18, 2000) (holding defendant
bank’s wire transfers to U.S. bank ac-
counts does not create minimum contacts);
Leema Enters. Inc. v. Will, 575 F.Supp.
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Extracted Information
Document Details
| Filename | HOUSE_OVERSIGHT_017884.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 3,893 characters |
| Indexed | 2026-02-04T16:33:20.949351 |