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Extracted Text (OCR)
IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
837
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
this Court has personal jurisdiction over
SBG they are entitled the opportunity to
develop these claims. SBG’s motions to
dismiss the Ashton and Burnett complaints
for failure to state a claim are therefore
denied without prejudice.
7. SAAR Network
[101] The Federal Plaintiffs’ allega-
tions against the SAAR Network are out-
lined in Part II.C.9. The Court’s analysis
of the SAAR Network’s arguments in fa-
vor of 12(b)(6) dismissal depend on a pred-
icate finding of which entities are subject
to this Court’s personal jurisdiction and
which entities—and under what circum-
stances—transferred money to terror
fronts. Accordingly, the SAAR Network’s
motion to dismiss is denied without preju-
dice. It may be renewed upon completion
of personal jurisdiction discovery.
8. Adel A.J. Batterjee
[102] The Burnett Plaintiffs’ allega-
tions against Mr. Batterjee are outlined in
Part II.C.10. For substantially the same
reasons the Court found it had personal
jurisdiction over Mr. Batterjee, it denies
his motion to dismiss for failure to state a
claim. The allegations against him and his
designation as a terrorist are sufficient to
permit the inference that he provided sup-
port to al Qaeda directly or through Al
Shamal Islamic Bank, BIF, or WAMY.
Burnett Complaint 1175-76, 183-84, 196,
199, 230; Exec. Order 13224.
IV. Conclusion and Order
For the reasons explained above, Prince
Sultan’s motions to dismiss the Burnett,
Ashton, Tremsky, Salvo, Barrera, and
Federal Insurance complaints for lack of
subject matter and personal jurisdiction
are granted. Prince Turki’s motions to
dismiss the Burnett, Ashton, Tremsky,
Salvo, Barrera, and Federal Insurance
complaints for lack of subject matter and
personal jurisdiction are granted. The
Kingdom of Saudi Arabia’s motion to dis-
miss the Federal Insurance and Vigilant
Insurance complaints for lack of subject
matter jurisdiction are granted. Prince
Mohamed’s motions to dismiss the Ashton
and Federal Insurance complaints for lack
of personal jurisdiction are granted. Mo-
hammad Abdullah Aljomaih’s motion to
dismiss the Burnett complaint for lack of
personal jurisdiction is granted. Sheikh
Hamad al Husani’s motion to dismiss the
Burnett complaint for lack of personal ju-
risdiction is granted. Abdulrahman bin
Mahfouz’s motion to dismiss the Burnett
complaint for lack of personal jurisdiction
is granted. Tariq, Omar, and Bakr Binla-
din’s motion to dismiss the Burnett com-
plaint for lack of personal jurisdiction is
granted. Al Rajhi Bank’s motion to dis-
miss the Burnett complaint for failure to
state a claim is granted. Saudi American
Bank’s motions to dismiss the Burnett and
Ashton complaints for failure to state a
claim are granted. Arab Bank’s motions
to dismiss the Burnett and Federal Insur-
ance complaints for failure to state a claim
are granted. Al Baraka and Saleh Abdul-
lah Kamel’s motions to dismiss the Burnett
and Ashton complaints for failure to state
a claim are granted. NCB’s motions to
dismiss the Burnett and Ashton complaints
for lack of subject matter and personal
jurisdiction are denied without prejudice.
The Burnett and Ashton negligence claims
against NCB are dismissed for failure to
state a claim. The Saudi Binladin Group’s
motions to dismiss the Burnett and Ashton
complaints for lack of personal jurisdiction
and failure to state a claim are denied
without prejudice, but the TVPA and neg-
ligence claims against SBG are dismissed.
The SAAR Network’s motion to dismiss
the Federal complaint for lack of personal
jurisdiction and failure to state a claim is
denied without prejudice. T he RICO,
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