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HOUSE_OVERSIGHT_023408

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In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001., 2012 WL 257568 (2012) The Court should reverse the dismissals of three defendants -- the Saudi Jomt Relief Committee and Saudi Red Crescent Society (collectively, “Sovereign Defendants”) and National Commercial Bank (“NCB”) -- and remand for jurisdictional discovery on the basis of this Court’s recent *152 holding in Doe v. Bin Laden, which abrogated the basis upon which the district court dismissed the Sovereign Defendants and NCB. Plaintiffs previously raised this argument in their separate Motion to Summarily Vacate and Remand these three defendants. See Dkt. 243. In addition to the following, plaintiffs hereby incorporate by reference the arguments in their pending Motion. A. The Sovereign Defendants And NCB Were Dismissed Under Terrorist Attacks HI. In Terrorist Attacks HI, this Court held that the Foreign Sovereign Immunities Act’s (“FSIA”) torts exception, 28 U.S.C. § 1605(a)(5), did not provide subject-matter jurisdiction over sovereign entities engaging in terrorism, as defined under the FSIA’s terrorism exception, 28 U.S.C. § 1605A, but who nevertheless could not be sued under the terrorism exception because they were not designated as state sponsors of terrorism. See 538 F.3d 71, 75. In such cases, where the terrorism exception to sovereign immunity was unavailable, the Court reasoned, the FSIA’s torts exception could not provide an independent basis of jurisdiction because claims within the scope of the terrorism exception could not be “shochorn[ed]” into the torts exception. Jd. at 89. *153 Following Terrorist Attacks ITT, plaintiffs conceded before the district court that, to the extent that Terrorist Attacks HT were applied, the decision supported dismissal of the Sovereign Defendants because they were also sovereign entities and plaintiffs had predicated subject matter jurisdiction upon the FSIA torts exception. See R.2148-2, at 23-24; SPA159-60 & n.4. However, plaintiffs expressly reserved the right t

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