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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. HOUSE_OVERSIGHT_017884

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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