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 1975-76, 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,
HOUSE_OVERSIGHT_017902