Ntzebesa, et al v. Citigroup, Inc., et al
| Lungisile Ntzebesa, Themba Mequbela, Dorothy Molefi, Sigqibo Mpendulo, Nyameka Goniwe, Andile Mfingwana, F. J. Dlevu, Lwazi Pumelela Kubukeli, Lungisile Ntsebeza, Themba Maqubela, Sigquibo Mpendulo, Mncekeleli Henyn Simangentloko, Tozamile Botha, Mpumelelo Cilibe, William Daniel Peters, Samuel Zoyisile Mali, Msitheli Wellington Nonyukela, James Michael Tamboer, Nothini Betty Dyonashe, Nonkululeko Sylvia Ngcaka, Hans Langford Phiri and Mirriam Mzamo |
| Citigroup, Inc., UBS AG, Credit Suisse Group, Corporate Does Nos. 1-100, Barclays Bank PLC, Natwest Bank PLC, Standard Chartered Bank, PLC, Credit Lyonnais, Banque Indo Suez, Novartis AG, Sulzer AG, Anglo-American Corporation, Debeers Corporation, J.P. Morgan Securities Inc., IBM Corporation, Deutsche Bank AG, Dresdner Bank AG, Commerzbank AG, Daimler AG, Ford Motor Company, International Business Machines Corporation and General Motors Corporation |
| Hermina Digwamaje |
| Fujitsu Limited |
| 1:2002cv04712 |
| December 31, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Shira A. Scheindlin |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
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Filing
170
OPINION AND ORDER re: (272 in 1:02-md-01499-SAS) MOTION to Amend/Correct Complaint. filed by Sakwe Balintulo, Lungisile Ntzebesa, (159 in 1:03-cv-04524-SAS) MOTION to Amend/Correct Complaint. filed by Sakwe Balintulo, (84 in 1:03-cv-01024-SAS, 203 in 1:02-cv-06218-SAS, 273 in 1:02-md-01499-SAS, 162 in 1:02-cv-04712-SAS, 160 in 1:03-cv-04524-SAS) MOTION to Amend/Correct Complaint. filed by Sakwe Balintulo, Lungislie Ntsebeza, (202 in 1:02-cv-06218-SA S) MOTION to Amend/Correct Complaint. filed by Lungislie Ntsebeza, (161 in 1:02-cv-04712-SAS) MOTION to Amend/Correct Complaint. filed by Lungisile Ntzebesa, Lungisile Ntsebeza. For these reasons, plaintiffs' motion for leave to amend their complaints is DENIED. All remaining claims against Ford and IBM are DISMISSED with prejudice. The Clerk of the Court is directed to close this motion and these cases. (Signed by Judge Shira A. Scheindlin on 8/28/2014) Filed In Associated Cases: 1:02-md-01499-SAS, 1:02-cv-04712-SAS, 1:02-cv-06218-SAS, 1:03-cv-01024-SAS, 1:03-cv-04524-SAS(lmb)
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Filing
157
OPINION AND ORDER re: (153 in 1:02-cv-04712-SAS, 152 in 1:03-cv-04524-SAS, 264 in 1:02-md-01499-SAS, 76 in 1:03-cv-01024-SAS, 195 in 1:02-cv-06218-SAS) MOTION for an Order Finding Corporate Liability Under the Alien Tort Statute filed by Sakwe Balintulo Khulumani, (263 in 1:02-md-01499-SAS, 75 in 1:03-cv-01024-SAS, 194 in 1:02-cv-06218-SAS) MOTION for an Order Finding Corporate Liability Under the Alien Tort Statute filed by Sakwe Balintulo. For the foregoing reasons, plaintiffs mo tion for an order finding that corporations may be held liable under the ATS is GRANTED. Plaintiffs may move for leave to file an amended complaint against the remaining American defendants. In that motion plaintiffs must make a preliminary showing t hat they can plausibly plead that those defendants engaged in actions that touch and concern the United States with sufficient force to overcome the presumption against the extraterritorial reach of the ATS, and that those defendants acted not only w ith knowledge but with the purpose to aid and abet the South African regimes tortious conduct as alleged in these complaints. Plaintiffs motion and supporting papers must be served no later than May 15, 2014, defendants response shall be served by Ju ne 12, 2014, and plaintiffs reply shall be served by June 26, 2014. The Clerk of the Court is directed to close this motion (Dkt. Nos. 263 and 264). (Signed by Judge Shira A. Scheindlin on 4/17/2014) Copies Sent By Chambers. (ajs) (Main Document 157 replaced on 4/17/2014) (tro).
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Filing
137
MEMORANDUM ORDER AND OPINION: For the aforementioned reasons, defendants' motion for certification of an interlocutory appeal on the issue of corporate liability is denied. The Clerk of the Court is ordered to close this motion (02 MDL 1499, No. 219; 02 Civ. 4712, No. 132; 02 Civ. 6218, No. 174; 03 Civ. 1024, No. 55; and 03 Civ. 4524, No. 129). (Signed by Judge Shira A. Scheindlin on 12/31/2009) Filed In Associated Cases: 1:02-md-01499-SAS, 1:02-cv-04712-SAS, 1:02-cv-06218-SAS, 1:03-cv-01024-SAS, 1:03-cv-04524-SAS(jpo)
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Filing
117
MEMORANDUM OPINION AND ORDER NO. 97580. For the foregoing reasons, defendants' motion for reconsideration is denied. The Clerk of the Court is ordered to close this motion (02 MDL 1499, No. 143; 02 Civ. 4712, No. 94; 02 Civ. 6218, No. 138; 03 Civ. 1024, No. 19; and 03 Civ. 4524, No. 62)., Motions terminated. (Signed by Judge Shira A. Scheindlin on 5/27/09) Filed In Associated Cases: 1:02-md-01499-SAS, 1:02-cv-04712-SAS, 1:02-cv-06218-SAS, 1:03-cv-01024-SAS, 1:03-cv-04524-SAS(rjm)
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Filing
92
MEMORANDUM OPINION AND ORDER # 97390. What remains of these consolidated cases is vastly different from the dozen actions first filed in 2002 and 2003. Corporate defendants accused of merely doing business with the apartheid Government of South Afric a have been dismissed. Claims that a corporation that aided and abetted particular acts could be liable for the breadth of harms committed under apartheid have been rejected. What survives are much narrower cases that this Court hopes will move towar d resolution after more than five years spent litigating motions to dismiss. For the foregoing reasons, defendants' motion to dismiss is granted in part and denied in part. Plaintiffs' motion to re-solicit the views of the Governments is de nied. The following claims remain: Ntsebeza plaintiffs against Daimler, GM, and Ford for aiding and abetting torture, CIDT, extrajudicial killing, and apartheid. Ntsebeza plaintiffs against IBM for aiding and abetting arbitrary dentationalization and apartheid. Khulumani plaintiffs against Rheinmetall for aiding and abetting extrajudicial killing and apartheid. The following claims are dismissed with leave to amend: Khulumani plaintiffs against IBM and Fujitsu for aiding and abetting apartheid. Khulumani plaintiffs against Daimler, GM, and Ford for aiding and abetting extrajudicial killing and apartheid. All other claims are dismissed with prejudice, as any amendment would be futile. The Khulumani plaintiffs may file an amended complaint by May 1, 2009. The stay concerning Rheinmetall Group's objections to the exercise of personal jurisdiction and to improper service of process under the Hague Convention is now lifted, and Rheinmetall may file a motion to dismiss on those grounds by May 1, 2009. The Clerk of the Court is directed to close these motions (02 MDL 1499 docket numbers 96, 99, 100, 104, 106, 110, and 115; 02 Civ. 4712 unnumbered; 02 Civ. 6218 unnumbered; 03 Civ. 1024 unnumbered; and 03 Civ. 4524 unnumbered). (Signed by Judge Shira A. Scheindlin on 4/8/09) Filed In Associated Cases: 1:02-md-01499-SAS, 1:02-cv-04712-SAS, 1:02-cv-06218-SAS, 1:03-cv-01024-SAS, 1:03-cv-04524-SAS(rjm)
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