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In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005)
10 A.L.R. Fed. 2d 789
LLP (DC), Christopher Mark Curran, White & Case LLP
(DC), David Charles Frederick, John Christopher
Rozendaal, Mark Charles Hansen, Michael John Guzman,
Michael K. Kellogg, Kellogg, Huber, Hansen, Todd &
Evans PLLC (DC), Lawrence Saul Robbins, Robbins
Russel Englert Orseck & Untereiner LLP, Washington,
DC, Jean Engelmayer Kalicki, Arnold & Porter, LLP,
John Joseph Walsh, Carter Ledyard & Milburn LLP,
Omar T. Mohammedi, Law Office of Omar T.
Mohammedi, Brian Howard Polovoy, Shearman &
Sterling LLP (New York), Geoffrey S. Stewart, Michael
Bradley, Jones Day, Matthew Phineas Previn, Wilmer,
Cutler & Pickering, L.L.P., T. Barry Kingham, Curtis,
Mallet-Prevost, Colt and Mosle LLP, New York City,
Wilmer Parker, I, Gillen Parker and Withers LLC,
Atlanta, GA, Lynne Bernabei, Alan R. Kabat, Bernabei &
Katz, PLLC, Washington, DC, for Defendants.
Michael J. Sommi, Cozen O’Connor, New York City, for
Movants.
Opinion and Order
CASEY, District Judge.
The Court presumes familiarity with the factual
background giving rise to this multi-district litigation. See
In re Terrorist Attacks on September 11, 2001, 349
F.Supp.2d 765 (S.D.N.Y.2005) (“Terrorist Attacks I” ).
Generally, Plaintiffs are representatives, survivors, and
insurance carriers of the victims of the attacks of
September 11, 2001, who allege, pursuant to various
theories of liability including the Antiterrorism Act
(“ATA”), 18 U.S.C. § 2331 et seq.; the Alien Tort Claims
Act (“ATCA”), 28 U.S.C. § 1350; the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), 18
U.S.C. § 1961 ef seg.; the Torture Victim Protection Act
(“TVPA”), 28 U.S.C. § 1350 note; theories of aiding and
abetting, civil conspiracy, intentional infliction of
emotional distress, negligence, survival, wrongful death,
trespass, and assault and battery, that Defendants are
responsible for those attacks as terrorists, state sponsors
of terror, or material sponsors of terror. In Terrorist
Attacks I, the Court resolved several motions to dismiss
the complaints by various Defendants. Additional motions
remain pending before the Court.
Saudi High Commission (“SHC”), HRH Prince Salman
WESTLAW
bin Abdulaziz Al-Saud (“Prince Salman”), and HRH
Prince Naif bin Abdulaziz Al-Saud (“Prince Naif”) move
to dismiss the complaints for lack of subject matter
jurisdiction pursuant to the FSIA, lack of personal
jurisdiction, and failure to state a claim for relief.
Immediately prior to the Court’s scheduled oral argument
on these motions, the Federal Plaintiffs moved to
supplement the record against Prince Salman and Prince
Naif.
Defendants Rabita Trust, Wa‘el Jalaidan, and
International Islamic Relief Organization (“IIRO”) move
to dismiss the *547 complaints for lack of personal
jurisdiction and failure to state a claim.
Other Defendants move to dismiss the complaints for
failure to state a claim. Tarik Hamdi and Abdulrahman
Alamoudi move to dismiss the Burnett and Federal
complaints. Success Foundation moves to dismiss the
Burnett complaint. The Burnett Plaintiffs denominate
certain Defendants as the “SAAR Network entities.” The
SAAR Network entities, which include African Muslim
Agency, Grove Corporate, Heritage Education Trust,
International Institute of Islamic Thought (“IIIT”),
Mar—Jac Investments, Mar-Jac Poultry, Reston
Investments, Safa Trust, and York Foundation, move to
dismiss the Burnett complaint. IIIT also moves to dismiss
the Ashton complaint. In addition to its motion to dismiss
Burnett, Mar—Jac Poultry moves to dismiss the Ashton
and Federal complaints. The Federal Plaintiffs label
certain individuals “SAAR Network executives.” These
Defendants, including Taha Al-Awani, Muhammad
Ashraf, M. Omar Ashraf, M. Yaqub Mirza, Iqbal Unus,
and Jamal Barzinji, move to dismiss the Federal
complaint.
Finally, Defendant National Commercial Bank (“NCB”)
moves for reconsideration of this Court’s denial without
prejudice of its motions to dismiss the Ashton and Burnett
complaints. The Court resolves all the aforementioned
motions in this opinion.
I. Subject Matter Jurisdiction Under the FSIA
(1 71 Pursuant to the FSIA, a foreign state and its
instrumentalities are presumed immune from this Court’s
jurisdiction unless one of the statute’s exceptions applies.
Robinson v. Gov't of Malaysia, 269 F.3d 133, 138 (2d
Cir.2001). “In contrast to a Rule 12(b)(6) motion to
dismiss for failure to state a claim, in a challenge to FSIA
subject matter jurisdiction, the defendant must present a
‘prima facie case that it is a foreign sovereign.’ ” Virtual
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| Filename | HOUSE_OVERSIGHT_017913.jpg |
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| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 4,650 characters |
| Indexed | 2026-02-04T16:33:28.554817 |