Allegations that Tarik Hamdi supplied satellite phone battery to Osama bin Laden for coordination of terrorist attacks

In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005) 10 A.L.R. Fed. 2d 789 Once we understand the word “conduct” to require some degree of direction and the word “participate” to require some part in that direction, the meaning of § 1962(c) comes into focus. In order to “participate, directly or imdirectly, in the conduct of such enterprise’s affairs,” one must have some part in directing those affairs. Of course, the word “participate” makes clear that RICO liability is not limited to those with primary responsibility for the enterprise’s affairs, just as the phrase “directly or indirectly” makes clear that RICO liability is not limited to those with a formal position in the enterprise, but some part in directing the enterprise’s affairs is required. Id. at 179, 113 S.Ct. 1163. Therefore “to state a claim for liability under § 1962(c), Plaintiffs must allege that the [Defendants] participated ‘in the operation or management of the enterprise itself,’ which requires that these Defendants must have had some part in directing the enterprise’s affairs.” Redtail Leasing, Inc. v. Bellezza, No. 95 Civ. 51910FK), 1997 WL 603496, at *5 (S.D.N-Y. Sept.30, 1997). 25] 26] The TVPA provides a cause of action against individuals who under actual or apparent authority of any foreign nation subject an individual to torture or extrajudicial killing. 28 U.S.C. § 1350 note; Arndt v. UBS AG, 342 F.Supp.2d 132, 141 (E.D.N.Y.2004). The TVPA claims against Rabita Trust, TRO, Success Foundation, and the SAAR Network entities are dismissed because these Defendants are not individuals. Arndt, 342 F.Supp.2d at 141. The TVPA claims against Tarik Hamdi, Abdulrahman Alamoudi, Wa‘el Jalaidan, and the SAAR Network executives are dismissed because there is no allegation that these Defendants were acting under *566 color of state law. In re: South African Apartheid Litigation, 346 F.Supp.2d 538, 548 (S.D.N.Y.2004) (finding no TVPA claim where complaint did not include allegation of individual acting under color of state law or with significant state aid) Under New York law, Plaintiffs who are personal representatives who sufficiently allege that Defendants caused the death of their represented decedent will have also stated a claim for wrongful death and survival. N.Y. Est. Powers & Trusts Law §§ 5-4.1 (providing claim for wrongful death) and 11-3.2(b) (providing claim for survival). 271 281 Plaintiffs bring various torts claims against these Defendants. As the Court explained in Terrorist Attacks [, the Federal Plaintiffs’ claims of assault, battery, and intentional infliction of emotional distress are time-barred, and therefore dismissed against Rabita Trust, WESTLAW Wa‘el Jalaidan, TRO, Tarik Hamdi, Abdulrahman Alamoudi, Mar—Jac Poultry, and the SAAR Network executives. Terrorist Attacks I, 349 F.Supp.2d at 829; N.Y. C.P.L.R. 215(3). To the extent the Ashton and Burnett Plaintiffs plead that Defendants are liable for the September 11 attacks as co-conspirators or aiders or abettors of al Qaeda, they will have pled a claim for relief for intentional infliction of emotional distress, which requires extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the injury, and severe emotional distress. See Stuto v. Fleishman, 164 F.3d 820, 827 (2d Cir.1999). The Federal Plaintiffs’ trespass claims require “the interference with a person’s right to possession of real property either by an unlawful act or a lawful act performed in an unlawful manner.” N.Y. State Nat’l Org. for Women v. Terry, 886 F.2d 1339, 1361 (2d Cir.1989). Provided the Federal Plaintiffs plead that Defendants here acted in concert with the September 11 hijackers, they will have stated a claim for relief for trespass. Finally, the negligence claims against the Defendants are dismissed because the complaints do not allege or identify a duty owed to Plaintiffs by these Defendants. Terrorist Attacks L, 349 F.Supp.2d at 830-31. To summarize, the TVPA and negligence claims against all of the Defendants moving for dismissal under Rule 12(b)(6) here are dismissed. The Federal claims of assault and battery and intentional infliction of emotional distress are also dismissed. The Court reviews the complaints to determine if they state a claim for relief under the ATA and RICO. If Plaintiffs state a claim for relief under the ATA, they will have also stated a claim for wrongful death and survival, the Federal Plaintiffs will have stated a claim for trespass, and the Ashton and Burnett Plaintiffs will have stated claims for intentional infliction of emotional distress. Plaintiffs who are aliens will have also stated a claim for relief under the ATCA. A. Tarik Hamdi” P91 The Burnett and Federal Plaintiffs allege that after 1996, when Osama bin Laden declared war on Americans, Tarik Hamdi allegedly arranged for the delivery of a battery for a satellite phone used by Osama bin Laden. (Burnett Compl. Jf 245, 581 (citing arguments of then-AUSA Kenneth Karas); Federal RICO Statement Ex. A.) Osama bin Laden allegedly used that phone and battery pack to coordinate and order the African embassy bombings. (Federal RICO Statement Ex. A.) *367 Plaintiffs also allege that Hamdi is affiliated with various al Qaeda operatives. For instance, he has HOUSE_OVERSIGHT_017926