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estments, 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

ry actions, even when that discretion is abused). Accordingly, the Court finds SHC is immune from suit in this litigation. Its motions to dismiss the Ashton, Burnett, and Federal complaints for lack subject matter jurisdiction are granted. 2. Prince Salman and Prince Naif M11 Similarly, even if Plaintiff

of a discretionary function and cannot be the basis for overcoming SHC’s immunity. See U.S. v. S.A. Empresa de Viacao Aerea Rio Grandense WESTLAW (Varig Airlines), 467 U.S. 797, 814, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984) (explaining FTCA discretionary function exception is designed to “prevent judicial ‘second

helpful in assessing whether any of Rabita Trust’s activities were directed at the United States. Accordingly, Rabita Trust’s motions to dismiss the Ashton, Burnett, and Federal complaints are denied without prejudice. C. Wa‘el Jalaidan® 21 The United States Department of Treasury has designated Defenda

ng con- clusion of jurisdictional discovery on that issue. In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001 Burnett v. Al Baraka Inv. & Der. Corp. Ashton v. Al Qaeda Islamic Army Tremsky v. Qsama Bin Laden Salvo v. Al Qaeda Islamic Army Burnett v. Al Baraka Inv. & Der. Corp. Federal In- surance v. A

n's decisions were made at the planning level of government, Kline, 685 F.Supp. at 392, and "grounded in social, economic, and political policy," Varig Airlines, 467 U.S. at 814, 104 S.CL 2755. Similarly, as the head of DGI, Prince Turki's decisions regarding the treatment of the Taliban and Osama bin La

tional discovery on that issue, © & KEY NUMBER SYSTEM 40oms In re: TERRORIST ATTACKS ON SEPTEMBER 11, 2001 Burnett v. Al Baraka Inv. & Dev. Corp. Ashton v. Al Qaeda Islamic Army Tremsky v. Qsama Bin Laden Salvo v. Al Qaeda Islamic Army Burnett v. Al Baraka Inv. & Dev. Corp. Federal In- surance v. Al Q

Second Circuit law after 28 U.S.C. 8 1407 transfer from a district court in the Fifth Circuit). 3. NCB moves to dismiss the complaints against it in Ashton and Burnett. 4. Prince Mohamed moves to dismiss the com- plaints against him in Ashton and Federal Insurance. 5. The estate of Mohammad Abdullah Al

of Japan, No. 02 Civ. 100238(DC), 2004 WL 307248, at *2 (S.D.N.Y. Feb. 17, 2004) (citing United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 814, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984) (interpreting FTCA)). Generally, acts are discretionary if they are per- formed at the pla