Epstein Secrets

read as a waiver of immunity from this court’s jurisdiction. The Second Circuit has made clear that the waiver of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003) (requiring wavier that unambiguously waives claims of immunity from legal proceedings

y from legal proceedings in this country). Finally, Plaintiffs have not identified a factual dispute that would require jurisdictional discovery. See Filetech S.A. v. France Telecom S.A., 304 F.3d 180, 183 (2d Cir.2002) (finding no abuse of discretion where district court resolved jurisdictional issue without ho

FSIA defense in their motions to dismiss. The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255. 261 (2d Cir.2003). EFTA00795068 S04 349 FEDERAL SUPPLEMENT, 2d SERIES tions would not sustain juri

court ... may refer to that evidence.'" Robinson, 269 F.3d at 140 (quoting Maka- rova v. United States, 201 F.3d 110, 113 (2d Cir2000)); see also Filetech S.A. v. France Telecom S.A, 157 F.3d 922, 932 ante v. Kingdom of Saudi Arabia, 03 Civ. 8591(RCC). EFTA00795047 IN RE TERRORIST ATTACKS ON SEPTEMBER

tates, 201 F.3d 110, 118 (2d Cir.2000)); see also Filetech S.A. v. France Telecom S.A., 157 F.3d 922, 932 ance v

ounsel, did not raise the FSIA defense in The Court is not convinced by this argument because the waiv- er of FSIA immunity must be explicit. See Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 261 (2d Cir.2003). their motions to dismiss. HOUSE_OVERSIGHT_017868 --- PAGE BREAK --- 804 tions w