Ntzebesa, et al v. Citigroup, Inc., et al, No. 1:2002cv04712 - Document 92 (S.D.N.Y. 2009)

Court Description: 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)