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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 HOUSE_OVERSIGHT_017913

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Filename HOUSE_OVERSIGHT_017913.jpg
File Size 0.0 KB
OCR Confidence 85.0%
Has Readable Text Yes
Text Length 4,650 characters
Indexed 2026-02-04T16:33:28.554817