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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

Burnett, and Federal complaints are denied, but the RICO, TVPA, negligence, and Federal intentional tort claims against it are dismissed. Tarik Hamdi’s motions to dismiss the Burnett and Federal complaints are denied, but the RICO, TVPA, negligence, and Federal intentional tort claims against him are dismissed. Abdulrahman Alamoudi’s motion to dismiss the Burnett complaint is granted; his motion to dismiss the Federal complaint is *576 denied, but the RICO, TVPA, intentional tort, and negligence claims are dismissed. Success Foundation’s motion to dismiss the Burnett complaint is granted. The motions by African Muslim Agency, Grove Corporate, Heritage Education Trust, IIIT, Mar-Jac Investments, Reston Investments, Safa Trust, and York Foundation to dismiss the Burnett complaint are granted. IIIT’s motion to dismiss the Burnett complaint is granted. Mar-Jac Poultry’s motions to dismiss the Burnett, Ashton, and Federal complaints are granted. The motions to dismiss the Federal complaint by Taha Al-Awani, Muhammad Ashraf, M. Omar Ashraf, M. Yaqub Mirza, and Iqbal Unus are granted. Jamal Barzinji’s motion to dismiss the Federal complaint is denied, but the RICO, TVPA, intentional tort, and negligence claims against him are dismissed. National Commercial Bank’s motion to reconsider the Court’s January 18 opinion and order is granted to the extent that it requests the Court to consider its personal jurisdiction defense before resolving the FSIA issue.

So ordered.

All Citations

392 F.Supp.2d 539, 10 A.L.R. Fed. 2d 789

Footnotes

1 SHC moves to dismiss the Ashton, Burnett, Federal, Barrera, and Salvo complaints. The Court consolidated Barrera v. al Qaeda Islamic Army, 03 Civ. 7038, with Ashton on December 6, 2004. Similarly, at Plaintiffs' request, the Court consolidated Salvo v. al Qaeda Islamic Army, 03 Civ. 5071, with Burnett on August 16, 2005.

2 Prince Salman moves to dismiss the Ashton, Burnett, and Federal complaints.

3 Prince Naif moves to dismiss the Ashton, Burnett, and Federal complaints.

4 The French Interior Minister named one charity, the World Islamic League, during his meeting. Plaintiffs claim this is another name for the Muslim World League.

5 Plaintiffs bring the Court’s attention to Mwani v. bin Laden, 417 F.3d 1 (D.C.Cir.2005), in which the D.C. Circuit found that Osama bin Laden and al Qaeda were subject to personal jurisdiction under Rule 4(k)(2) because they had “engaged in unabashedly malignant actions directed at and felt in this forum.” Id. at 13 (citing, among other examples, bin Laden’s and al Qaeda’s orchestration of the Nairobi embassy bombing and the 1993 World Trade Center bombing, their plot to bomb various landmarks in New York City, their fatwas against Americans, the criminal indictment against them arising from the Nairobi attack, and the conclusions of the 9/11 Commission). As a result, their “decision to purposefully direct their terror at the United States, and the fact that the plaintiffs’ injuries arose out of one of those terrorist activities, should suffice to cause the defendants to ‘reasonably anticipate being haled into’ an American court.” Id. at 14. In light of the level of bin Laden’s and al Qaeda’s unquestionably direct involvement in the Nairobi attack, Mwani supports this Court’s conclusion that a defendant’s actions must be personal or direct so that the defendant has fair warning that his activities could subject him to personal jurisdiction in the United States. Id.

6 Rabita Trust moves to dismiss the Ashton, Burnett, and Federal complaints.

7 Certain Defendants have been designated Specially Designated Global Terrorists (“SDGTs”) pursuant to Executive Order 13224. In response to the attacks of September 11, President Bush issued Executive Order 13224 on September 23, 2001, pursuant to the authorities of the International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq., the National Emergencies Act, 50 U.S.C. § 1601 et seq., United Nations Participation Act of 1945, as amended, 22 U.S.C. 287(c), and 3 U.S.C. § 301. The Secretaries of State and Treasury, in consultation with each other and the Attorney General, may designate individuals or entities if they determine the individual or entity has committed or poses the risk of committing acts of terrorism, or are owned or controlled by terrorists, or assist in or sponsor terrorism. As a result, the property and interests of the SDGT that come within the possession or control of U.S. persons are blocked. The process is intended to deter contributions to designated persons and entities and

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